Legal Question in Family Law in Virginia
medical insurance/parent with physical custody
My ex-husband and I have joint custody of our 3 year old son. I have physical custody. In our legal seperation papers it states that medical insurance would be provided for my son. This is what I asked for as one of the conditions of divorce. I had medical coverage for the first 2 years and now my ex-husband has moved to another county and has since had the primary care physican changed to his town. I am no longer able to take advantage of the insurance because only one primary care physican can be used. I would have to drive over an hour and a half to take him to the new physican. I do not believe that it is in our sons best interest. Would I have a chance of having that changed by taking him to court. Thanks in Virginia
2 Answers from Attorneys
Re: medical insurance/parent with physical custody
I would warn dad in a letter that you have primary physical custody and are the parent entitled to select the primary care physician ("PCP"). After giving two weeks notice, you should switch the PCP back to where you live. If he switches the PCP again, you will have to take him to court. You should be able to make your choice stick because you are the primary parent, and the child spends most of his time with you. Good luck!
Re: medical insurance/parent with physical custody
I assume you mean that your husband is legally responsible for providing for your son's medical insurance, according to the terms of your property settlement agreement.
If that is the case, then ,yes, you can enforce this provision "by taking your husband back to court" or by working out a settlement through your
respective attorneys(if such exist), thereby obviating the need for litigation.
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