400.25.01 JOINT OR SHARED CUSTODY

In joint custody situations, it may be unclear as to which parent is the “custodial” parent. Determining which parent is the custodial parent has implications as follows: • Tax dependents claimed by the parent identified as the “non-custodial” parent meet a tax dependent exception. • When non-filer rules are applied, the child’s household includes the parent who is “living with” the child. Page | • The custodial parent is the parent with primary responsibility for the child who can qualify using COE-075 rules. Using information available on the MAGI application form, it is reasonable to treat the parent applying for health benefits for the child as the custodial parent, absent any information to indicate otherwise. In cases where there is a discrepancy, such as when both parents apply separately for the same child and claim to have primary custody, the custodial parent is the parent with whom the child spends the most nights. If a child spends an equal number of nights with both parents, the custodial parent is the parent with the higher household income. In this instance, both parents would have to supply income verification, if not otherwise available through electronic sources. NOTE: If parents have more than one child for whom they share custody, they can each be considered to be the “custodial” parent or caretaker relative for different children, if applicable.