Diana, Yeah, I was completely in shock when my Company rejected her as a dependent. It is clearly written in the Court order, there is no gray. My company is basing their decision on the non-surrendering of the birth parents parental rights. By default, they abandoned their parental rights through abandonment as I tried to explain. I appealed, I lost, that was in 2011. The policy stills says
the same thing. I could try it again, but it might be one of those things where you win the battle but lose the war?? You will be able to tell after reading this that it is a very fragile scab I am hesitant to re-open...lol I tried everything short of filing litigation.
Here are some of most pertinent paragraphs (cut & paste), from our court order:
IT IS ORDERED that (My Wife and I) are appointed
Joint Managing Conservators of the following child: (Granddaughter). IT IS FURTHER ORDERED that (Birth Father) and (Birth Mother) are appointed
possessory conservators of the minor child.
IT IS ORDERED that (My Wife and I), as a nonparent joint managing conservators, shall have the following exclusive rights and duty:
1. the exclusive right to designate the primary residence of the child without regard to geographic location;
2. the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures;
3. the exclusive right to consent to psychiatric and psychological treatment of the child;
4. the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
5. the exclusive right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
6. the independent right to consent to marriage and to enlistment in the armed forces of the United States;
7. the exclusive right to make decisions concerning the child's education;
8. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;
9. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and
10. the independent duty to manage the estate of the child to the extent the estate has been created by the joint property of the conservators.
3. Obligations of (My Wife and I) are
ORDERED to include and maintain the child in either of Petitioner’s health insurance available through either employer no later than 60 days after the Court signs this order.
IT IS FURTHER ORDERED that (Birth Father)
reimburse 100% of the actual cost of the health insurance coverage in the amount of _______ provided by (My Wife and I).
Here is the rejection letter in 2011 from my Company:
The legal documentation does not meet the requirements for coverage under the Group Health Care Plan (“GHCP”). The document does not appoint you as permanent legal guardian of the minor child nor does it state that the parents of the minor child relinquish their parental rights.
The Plan specifically states:
“Eligible dependents include your spouse (i.e. your husband or wife as recognized under the laws of the state in which you live) and your eligible dependent children. Eligible dependent children are your child(ren) under age 26, including:
- birth children;
- stepchildren who live in your home and are supported by you;
- legally-adopted children who live in your home, or children legally placed for adoption in your home; and
- children placed under your exclusive legal guardianship who live in your home, are supported by you and whose parents have given up their rights as parents.”
My Response:
Basically you are telling us that any employees that have LEGAL dependents and have a LEGAL Court ordered Guardianship of a child cannot get health insurance from my employer even if it states that in a Court order?
Surrendering parental rights of the Biological parents has NOTHING to do with this standalone Court order and our responsibilities of legal Guardianship to provide medical insurance and are a separate subject and a separate cause of action altogether.
Guardianship/Conservatorship (Texas Probate Code - Section 693) is a standalone responsibility if ordered by the Court and is NOT dependent or contingent on the surrendering of Parental rights (Family Code §§ 161.001; 161.003(a) to be enforced. In accordance with Texas law those are two completely separate and two different causes of actions, standings and petitions that are separable and NON dependent on each other for enactment.
As you can see on page (1) of the Court Order, both birth Parents are listed as being in “Default” judgment for never appearing in Court. They have not had any involvement in her Life since she was abandoned by them at 2 years old and she is now 8 years and 9 months old and therefore have legally surrendered their “Parental Rights” by abandonment.