under ca law the fathers insurance is primary due to the fact that he is older . how or could it be possible to have the the mothers insurance primary ?
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The "birthday law" isn't about AGE, it's about what day of the year the birthday comes FIRST. So clearly, dad's birthday ocurrs earlier in the year than moms. The ONLY way to get mom's policy primary, is to cancel child from dad's policy during the next open enrollment. If the transfer happened, because there wasn't a local in network hospital that could provide a specialty service (like a pediatric nephrologist), you appeal to dad's insurance to have it covered as a medical necessity on an in network basis.
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