Thursday, January 27, 2011

Mother's Religious Beliefs Lead To Award of Health Care Decision Making to Father

In Winters v. Brown, (FL App., Jan. 26, 2011), a Florida appellate court upheld applying the "best interest of the child" test to affirm a trial court's award of control over health care decisions for his minor child to the child's father. Matthew Brown, the father, who was never married to Shannon Winters, the mother, petitioned for establishment of paternity and control over health care, religious and educational issues when Winters obtained a exemption from the public school immunization requirements for the child. Winters objects on religious grounds to introducing anything into the body to prevent disease or treat illness. [Thanks to Volokh Conspiracy for the lead.]