Legal Question in Family Law in New York
Child Medicaid?
I am the father of a 3 y/o. I am not married to his mother and she has full custody. She is moving to SC shortly and I will not be able to see him. I am looking to get insured, but the other day I received a letter at work stating that there is a court order that I must get medica and dental coverage for my dependent. Is there any way to get coverage just for myself and my wife or is it required by law that I get it for my son eventhough he doesn't live with me and I will not be seeing him? Why isn't his insurance the custodial parent's responsibility?
1 Answer from Attorneys
Re: Child Medicaid?
The first question is why won't you be able to see your son. If your wife is moving out of state, it must be either with your consent, or by xourt order under a determination that the move is in the best interest of the child. That being said, there is a community interest in making sure that children have adequate insurance so if you are in a position to provide insurance for a child for which you are the parent, there is an obligation on your part to provide the interest. If you do not agree with the child's move out of state and the court has not made a determination, you can petition the court to restrain the child from leaving the state.
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