.05 Joint Physical Custody – NA
 
REVISION 46
(01/01/18 - 12/31/18)
When parents share joint physical custody of a child and only one parent has applied for benefits, consider the child a mandatory participant in the budgetary unit of the parent applying.
 
When parents share joint physical custody of a child and both parents have applied for benefits, determine which budgetary unit should include the child.
 
Follow the order below to determine the budgetary unit with whom to include the child. Stop at the first circumstance that applies; do not consider any remaining situations:
 
The child is included with the budgetary unit of the parent who applies first, unless discrepant information is provided.
When the other parent applies for the same child and both parents have pending applications, allow the parents to decide which budgetary unit will receive benefits for the child
When the parents cannot reach an agreement, use the court order establishing joint legal decision-making authority as verification to establish the budgetary unit with whom to place the child.
When a court order does not exist, use other information that establishes the residential address of the child, such as school records or leases.
 
When a budgetary unit has been determined for the child, the child remains with that budgetary unit for the entire approval period, unless circumstances change and the child resides with a different budgetary unit.
 
NOTE Use the following for guidance when reviewing court records to determine who has the decision-making authority for the child:
 
Joint physical custody means that both parents have equal share in the care and control of the child. Each parent has the same rights and responsibilities, unless there are exceptions included in the final court order.