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Chapter: 1400 Technical Requirements Program: MFAM 18 1430.0707 Common-Law Marriage (MFAM) Children born to a father and mother who had a "common-law" marriage which occurred in Florida prior to January 1, 1968, are considered legitimate. After January 1, 1968, Florida law does not provide for legalization of a new common-law relationship, unless it occurred in another state or foreign country under that state's or country's laws. Information given by the parent or relative concerning the dates and circumstances of the "common-law" marriage should be obtained. Mothers and fathers married through these "common-law" marriages are considered parents. 1430.0708 Establishment of Paternity (MFAM) An individual is considered a parent when paternity is established by one of the following methods:

1. Civil court action through a paternity suit followed by the issuance of a court order declaring the natural father to be the legal father; 2. Written acknowledgment of fatherhood by the natural father in the presence of a juvenile court judge; 3. Establishment of paternity in another state; 4. The father's voluntary placement of his surname on the child's Florida birth certificate when both parents request in writing that his name be shown; or 5. A signed, notarized statement by the father stating that he is the child's father under the penalty of perjury and fraud prosecution (such as Form 432, "Consenting Affidavit Acknowledging Paternity").

An Application for an Amended Certificate of Birth by Acknowledgment of Paternity must be signed by both parents in the presence of a notary and must be issued by the DH Office of Vital Records. Information given by the parent or relative concerning the date and circumstances under which the parents took this action is sufficient to establish that paternity has been declared for the child. 1430.0709 Adoption (MFAM) Legal adoption supersedes other parental relationships (biological and marital ties). When a parent dies and the child is adopted by the stepparent, the child's relationship to the deceased parent's relatives remains intact. 1430.0710 Joint Custody (MFAM) If parents are awarded joint custody of the child and visitation provides for partial residence with each parent, the eligibility specialist must establish one parent as the primary caretaker of the child. Often, a court order or binding separation, divorce or custody agreement will establish physical custody controls as well as which parent may claim the child as a tax dependent. In cases where the child spends equal time with both parents and custody becomes an issue, the child must be included in the household of the parent who claims the child as a tax dependent.

If there is no such order or agreement, the custodial parent is the parent with whom the child spends most nights. 1430.0800 LIVING IN THE HOME (MFAM) There is no requirement for a child to live with an adult caretaker for the child to qualify for Medicaid.

As a condition of eligibility for a parent or other caretaker relative to derive Medicaid for themselves, a child must be living in the home of the parent or other caretaker relative.