.03 Custody
A child's deprivation, due to the absence of a parent, is not based solely on a court order awarding joint legal or physical custody. Consider the actual circumstances that exist. Apply the criteria in this Section to determine whether the deprivation factor has been met.
 
Deprivation due to absence can only exist when the child is physically present and living with the parent who applied.
 
When the parent has the child in the home for more than 50% of the time, eligibility may exist. Complete a determination.
 
When the parent does not have the child in the home for more than 50% of the time, eligibility does not exist.
 
Joint Legal Custody is defined as a court order where both parents have equal rights and responsibilities. This includes the right to participate in major decisions regarding the child, such as the following:
 
Education
Health care
Religious training
Upbringing
 
Joint physical custody is court ordered and the parents equally share the daily care and control of the child.
 
For eligibility purposes, the child's home is considered to be with the parent with whom the child lives more than 50% of the time. Determine whether the child is with the participant parent more than 50% of the time. When the child lives with the participant parent more than 50% of the time, potential eligibility exists.
 
When physical custody of the child is determined to be exactly 50% of the time within a month, deprivation due to continued absence does not exist for CA.
 
Physical custody of a child may alternate between parents for periods of at LEAST one benefit month. Each parent must reapply each month the child returns to live with them.
 
Physical custody of a child may alternate between parents for periods of LESS than one benefit month. This includes situations in which the child alternates between parents for one or two week periods. In this situation, consider the child to be living with both parents exactly 50% of the time.