If I currently have Medicaid for my daughter and I, do I have any rights as her mother to get removed from her father’s private insurance policy?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I currently have Medicaid for my daughter and I, do I have any rights as her mother to get removed from her father’s private insurance policy?

But now she’s at risk of being dropped because of private insurance that she was on under her father’s employment. They refuse to drop her; they say it is illegal to drop her before she is 26. Is this true? What can I do?

Asked on February 1, 2013 under Insurance Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a court order that says he cannot cover her-- then he can cover her on his private insurance over your objections. 

If there is a court order in place, then the order will control.  If the order requires him to provide coverage, then he is required to continue coverage as set out in the order.  If he fails to provide coverage, then he would be subject to a contempt or enforcement action.  If the orders do not direct him to provide coverage, but instead directs you to cover her on Medicaid, then that would control as well. If this is how your order reads, then you can forward this to the insurance company and they may accept this as sufficient authorization to remove her from the policy.  If the chose not to accept it, you would need to take him back to court to enforce the order and get a more direct order that requires him and to remove the child.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption