The mother had refused to agree to the vaccination of the children, resulting in one child being prohibited from school. In a March 30, 2022, decision in Matter of Soper v. Soper, the Appellate Division, Second Department, affirmed the modification of a custody stipulation to give the father sole decision-making authority with regard to the children’s medical care.
The parties were the formerly-married parents of three children. Pursuant to their 2018 custody and parental access stipulation that was incorporated but not merged into their 2019 judgment of divorce, the parties agreed to joint legal custody of the children. They agreed to defer medical decisions for the children to specified pediatricians.