As strange as this may seem, this is a very common complaint. In Ohio, the first question you have to ask is “Who is required to provide medical insurance for the child?”
If there are no court orders regarding parental rights of the child then the parent withholding the card is not doing anything legally wrong, but possibly not acting in their child’s best interest (depending on the circumstances).
CALL NOW at (614) 225-9316
If there are court orders requiring a parent to provide medical insurance for a child, and they are preventing the other parent from using that medical insurance, then they are preventing their child from receiving the benefit of the insurance, at least part of the time. This would apply only if each parent has court ordered parenting time. In this circumstance, the person should consider filing a motion for contempt. However, in the circumstance where the order to provide support is through a CSEA order, and the other parent has no court ordered parenting time, then legally the child is never away from the parent with the insurance.
CALL NOW at (614) 225-9316
Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.
DISCLAIMER – Read it, it’s important!
Leave a Reply