Can I get my wife’s baby off my insurance?

My wife had a baby from another manand conned me into putting the baby on my insurance because he does not have any. I’m about to divorce her but wanted to know if I can get the baby off my insurance? She lives in another state.

Asked on November 27, 2011 under Family Law, North Carolina

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question.  Matters dealing with custody and paternity, and the areas in between can be very complicated.  Each state handles this area of law differently.  However, the common theme for child custody matters, including which parent can be held responsible for obtaining health insurance for the child, focuses on the theory of “the best interest of the child.”  While relationships between the parents can become tumultuous, the court does not want relationships that did not work out or drama between the parents to affect the child.  The courts will set forth custody and child support agreements so that the child can get the best care possible, which can include where the child is enrolled in school, health insurance, and numerous other factors. 

While your question may be about health insurance, you may need to take a number of steps before being able to remove the child from your insurance.  This greatly will be affected by how your state defines paternity.  If at the time the child was born you were married, it is assumed that the child is fathered by the husband of that marriage.  You may be able to get a paternity test to prove that the child is not biologically yours, but that still may not have the courts rule that you are not financially responsible for the child.

Given that this matter can involve a number of steps that you would need to take in order to get the result you desire, you may find your stress alleviated by contacting a family law attorney in your area that specializes in paternity and child support.

 


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