insurance card for non-custodial parent

[SandieTN]

What is the name of your state? Tennessee

My husband's ex- is "insisting" on a copy of our insurance card for their daughter. My husband has custody, and maintains insurance. When she had a copy of his insurance coverage in the past, she would take daughter to the Dr. on her whim; the Dr. would diagnose a cold or allergies, or some such thing we were already aware of, and my husband would be sent the bill. Thus far, he has not given her a copy of his new insurance card this year.

Legally, can he refuse to provide her a copy of the card? Mom has the option to take daughter to the Dr. Dad has selected, but she doesn't want to take her there. She wants her own choice.

Any help would be appreciated!

 

[kittien2000]

Do the parents share legal custody?

 

[SandieTN]

No, Father has full custody, as of September 17, 2004.

 

[LdiJ]

No, Father has full custody, as of September 17, 2004.

If dad has full custody then mom isn't allowed to take the child to the doctor unless its an emergency situation...therefore she doesn't need the card.

 

[stealth2]

No, Father has full custody, as of September 17, 2004.

Just to make sure that everyone's on the same page - are you talking about physical custody, legal custody (the power to make decisions regarding medical care, etc) or both?

 

[SandieTN]

Court order states:

"that the Order be modified such that the primary custody should be with the petitioner Father"

It goes on to state the Mother shall pay no child support, and designate visitation. No joint anything stated. Nothing else changed from the original order, when Father was ordered to provide insurance with uncovered medical split 50-50.

 

[LdiJ]

Court order states:

"that the Order be modified such that the primary custody should be with the petitioner Father"

It goes on to state the Mother shall pay no child support, and designate visitation. No joint anything stated. Nothing else changed from the original order, when Father was ordered to provide insurance with uncovered medical split 50-50.

Ok then dad DOES NOT have full custody. Primary custody does not equal full custody. Yeah, he may have to give mom an insurance card.

 

[SandieTN]

Then what does it mean?

Original order stated "granting custody" to Mother, and current order noted "material change of circumstance" in the "best interests of the minor child" to modify order. Does that mean Mom never had custody earlier?

According to Tennessee guidelines that I can find, "primary" means the same as "custodial", and "alternate" means "non-custodial".
http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-06.pdf

Just asking? Now I AM confused!

 

[CJane]

IF the father is not designated as the SOLE LEGAL CUSTODIAN, or it doesn't say somewhere in the CO that the father has the sole right to make ALL medical decisions, then he should probably provide mother with a card.

In my plan, it states that not only are we both allowed to make 'routine and minor decisions' as it relates to health care, it also states that we BOTH have to have access to insurance cards, and that we MUST use a Doctor that's on the ins plan, except in cases where that is not possible.

 

[casa]

Then what does it mean?

Original order stated "granting custody" to Mother, and current order noted "material change of circumstance" in the "best interests of the minor child" to modify order. Does that mean Mom never had custody earlier?

According to Tennessee guidelines that I can find, "primary" means the same as "custodial", and "alternate" means "non-custodial".
http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-06.pdf

Just asking? Now I AM confused!

Sole physical custody= Means child lives with that parent.
Joint physical custody= Means child lives alternately with both parents.

Sole legal custody= Means that parent makes all decisions re; medical, educational, legal etc.
Joint legal custody (Most Common regardless of physical custody)= Means both parents make decision(s) re; medical, educational, legal etc.

 

[SandieTN]

Sorry, still confused.

His order does not mention legal or physical, just says primary custody. They do NOT have a parenting plan, as it was filed before parenting plans were required in our state. So, I am kinda' confused now as to what the Judge really meant. We were told Mom did have custody, now Dad has custody.

Is this a question for the attorney?

 

[SandieTN]

well, I found this on the SPARC site

I have searched all the Tennessee sites I can find for a legal definition of "primary custody". The only thing I have found is from their rules regarding child support cases, which states custodial parent and primary residential parent mean the same thing.

This is from the SPARC site, under "types of custody":

"Be aware that in most instances, the parent who is designated the "Primary' parent (sometimes termed 'Primary Residential' parent) is, for all intents and purposes, considered to be the sole custodial parent in the eyes of the court. Even though the parents may have joint legal and physical custody with a 50/50 split, if the court has designated one parent as the 'Primary' parent, that is the person whose wishes will normally prevail. Joint custody is often awarded by the court in an effort to placate fathers and get them to settle. If the court has designated the mother as the 'Primary' parent, the father actually has no more say in the child's life than if the mother had been awarded sole custody."

Now, I am confused! We had thought it was clear cut: Dad has custody, Mom has visitation. Not so, I guess.

 

[bononos]

Well, if there is a primary doctor, then they should have a copy of the card on file anyway, so she'll still be able to take her at anytime.
Our pediatrician had us sign forms when we started at their office on emergency care, regular visits, etc... as to who is able to bring child and make decisions.
I can write that school and me are the only ones allowed to schedule appts.
Check with the doctor's office.

 

[haiku]

just because dad has the designated physical custody and mom has visitation does not mean mom loses her rights to having a hand in major decisions involving her child, and/or make day to day, and emergency decisions while the child is in her care. you would need to find out if Tennessee is a state that gives the primary parent final say or not. My state for example does NOT make that designation, automatically.

In my opinion, is this really worth the argument?

but one thing you may want to consider is clarifying the order so you are NOT responsible if she takes the kid to the doctor not covered by your plan.

 

[SandieTN]

There is a primary Dr., insurance is on file, and Mom is listed as ok to take daughter to that Dr., and receive all medical information from that Dr. But, she doesn't like that Dr., mainly because he refuses to give anti-biotics on her demand.

Mom wants to take daughter to her choice of Dr., which is actually a nurse-practioner, and Mom can talk her into medication. (Mom takes multiple medications, and likes to keep the kids drugged up too.) Her other child has made numerous trips to the Dr. the past few months, while this one has not. So, in Mom's opinion, we are not taking care of her!

So, the battle rages on! We have always taken daughter to the Dr. when needed, and several times when Mom insisted but it was deemed medically unnecessary. Dad has always paid the bills, but this time he just has the feeling that Mom is up to something. And he just doesn't want to get caught in her trap again.