Sunday, June 13, 2010

DAILY CUSTODY TIP: Update Health Insurance Cards, Claims Forms and Network Directories


If you're the parent who provides health insurance for the children, be sure to provide updated health insurance cards, claim forms, and directories of network providers to the other parent. Often, the parent who does not carry the insurance struggles to pay for a doctor's appointments or to submit a claim form, simply because the other parent won't provide the necessary cards, forms and directories. This may sound like a dose of common sense, but around the country it is a common issue presented to family court judges.

In fact, parents who refuse to cooperate in providing insurance cards, claim forms and provider directories to each other are often cut down in their custody cases. Judges look for indicators of cooperativeness in rendering their custody and visitation rulings. They tend to favor parents who can work collaboratively in furthering their child's best interests. For example, they are much more likely to accommodate a father who delivered all of the relevant insurance information to the child's mother on a timely basis than a father who obstinately refuses to produce the necessary insurance cards and forms, prompting the mother to pay for medical services out of her own pocket. Such a lack of cooperation tends to prompt parents to file more motions in court and inevitably agitates the judge.

In terms of tactical litigation, a non-custodial parent who maintains the family health insurance coverage can help himself tremendously by being forthright on all insurance-related issues. If such a parent petitions the court for an increase in his visitation and parenting time rights, the last thing the custodial parent should have in her defense arsenal is the argument that "he couldn't care less about the children...he doesn't even provide us with insurance cards!"

For custodial parents, be sure to request insurance cards, claim forms, and a list or directory of all network providers. Make the request in writing, by email, by letter, or via an attorney's correspondence. If you find yourself making numerous requests, keep good records and copies of all email or letters. If necessary, make the request in the form of a motion or petition filed in court.

I'd be interested in hearing from anybody out there who has had any related experiences with this.

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