Legal Question in Family Law in California
Husband negligent in providing healthcare to daughter
Recently I was layed off at work. My company had provided benefits. Ex Husband also has medical that covers our daughter. My daughter needs to be examined for ear problems. Husband will not provide me with information regarding his plan.
He has not even brought her to a doctor since when calling the insurance provider she has not been assigned a doctor.
Since she has no doctor on record I can not take her to a doctor if I want to use this plan for my daughter.
My ex refuses to cooperate or provide my daughter the care she deserves and needs.
Is there a remedy for this problem. I am unable to pay for care and my own insurance plan is no longer active.
1 Answer from Attorneys
Re: Husband negligent in providing healthcare to daughter
If your child needs immediate medical treatment then call the ex and tell him you have to take the child to the doctor for medical treatment. If the need for medical treatment is not immediate then send him a written message requesting the medical insurance information. If he does not respond with the medical insurance information, then file an OSC or motion to obtain a court order that he provide the medical insurance information. Also request that he pay your attorney fees and costs, including your lost wages. He is required by law to have medical insurance if it is available through his employment. The court will not be pleased with him is he refuses to provide this information. Should you have to take the child in for medical treatment ask the court that he pay the full amount of the medical costs because he refused to provide the information. Be sure that you have a clear paper trail showing that you requested the information and he refused to provide it.
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