In a divorce, can a mother who provides the insurance, refuse to give her daughter’s insurance information to the father if he has partial custody?

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In a divorce, can a mother who provides the insurance, refuse to give her daughter’s insurance information to the father if he has partial custody?

Can she refuse to allow the daughter to get counseling?

Asked on October 27, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Guidance here depends on a lot of things.   First, your agreement governs how you should act on this matter.  If you have joint custody - meaning custody for matters dealing with her education, medical care, etc. - then you are both supposed to agree on her treatment.  If one of you thinks that she needs treatment for an issue and the other refuses then if it is an emergency situation the courts would be hard pressed to penalize you for violating the order.  But if the situation does not appear to be posing an imminent danger then I would apply to the court to allow the treatment "in the best interest of the child."  Good luck. 


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