Legal Question in Family Law in Kansas
Child visitation/medical insurance coverage
According to our divorce decree, my ex-husband is required to provide medical/dental coverage for our children. His occupation recently changed from military to civilian, and now has no medical coverage for the children. Knowing this, for the protection of the kids, is it within my rights to refuse to send the children to their father for a scheduled visitation based on his refusal to provide medical insurance for them?
3 Answers from Attorneys
Re: Child visitation/medical insurance coverage
You didn't mention where the original jurisdiction over the children lies. . .however, if you want to risk a very severe admonishment from the court, don't present the children for visitation. NOT a good plan. Visitation and child support are two separate issues. If you have a concern that medical coverage is not being provided for the children, Petition the Court to modify the Order. If you are in KS, there is provision that no child be w/o medical insurance. . .contact your local Social Security agency, they can advise the necessary contact to inquire about such coverage.
Re: Child visitation/medical insurance coverage
Not in Florida...and probably not in any other state. Generally, you cannot place conditions (like payment of child support or health insurance premiums) on visitation. The children have a right to visit their father.
However, you may take other action to enforce the health insurance provision. You should consult with an attorney.
Re: Child visitation/medical insurance coverage
No, a court would consider such withholding of visitation because of support issues an indefensible position. Children are entitled to support and to parental visitation; each issue is to be treated separately. You are advised to consult with a local family law attorney to consider legal options for pursuing medical insurance coverage which was part of the court order for support.