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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19477
Experience:  B.A.; M.B.A.; J.D.
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I've received to completely different answers regarding the

Customer Question

I've received to completely different answers regarding the following: Who has the power to decide what health insurance plan a dependant is on? Our daughter is enrolled in TRICARE; however, we can't agree on a plan. Does final say go to the parent with legal decision making or the parent who provides the insurance?

Answer #1:

Answer #2:

Why are they different?

Submitted: 8 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I cannot speak for other Attorneys. However, if one parent has sole legal custody, that is the parent the Court has given sole authority to make decisions on the child's upbringing such as the doctors the child goes to, the schools the child enrolls in, the kind of health insurance the child should have, then that parent with legal decision making is the one that would make the final decision on the health insurance plan that the child enrolls in regardless of the fact that the same parent is not the one with the insurance policy.

Customer: replied 8 months ago.
Should the insurance company allow her to make changes to my plan? She provided the decree to them but it still seems off that they would allow her to call and make adjustments to plans I pay for.
Expert:  Phillips Esq. replied 8 months ago.

No, you are the only one that can make changes to your plan since you are the policy holder. However, you have to enroll the child in the plan she wants the child to be enrolled in. Otherwise, she can go to Court to make her case.