Joint or Shared Custody 400-19-45-70-25

(Revised 6/1/10 ML #3218)

View Archives

 

 

Divorce courts often award custody of children to both parents.  However, legal custody orders have no bearing on whether or not a child is considered "deprived." Rather than legal custody, it is the parent’s absence and level of participation in parenting that is relevant. Even though a household indicates a child enjoys joint or shared custody, a child must be determined deprived of parental support and care in order for deprivation to exist.

Note: Parental support is not limited to financial support only.

 

A parent who does not reside with the child is not considered absent when the day to day support and care of the child is shared by both parents.  

 

The number of days a child resides with each parent does not, in and of itself, determine whether a child is deprived.  Rather, the answers to the following questions must be considered by TANF Eligibility Staff:   

• Is the parent physically absent from the child’s home on other than a temporary basis; and

• Does the absence interrupt or terminate the parent's functioning as a provider of maintenance, physical care, or guidance for the child; and

• Does the known or indefinite duration of the absence prevent relying on the parent to perform their function in planning for the present support and care of the child?

 

The TANF Eligibility Worker must use the ‘Prudent Person Concept’ when making a determination of whether a child is deprived of parental support and care. Deprivation is determined to exist if a parent’s physical absence interrupts or terminates the parent’s functioning as a provider of maintenance, physical care, or guidance for the child.  

 

It is imperative that the information relied upon and rationale used when a determination of deprivation (or lack thereof) was made be clearly and thoroughly explained in the case narrative.