129.21 Shared Custody/Joint Custody

Treatment of a joint or shared custody situation is no different from that of a regular custody situation. The parent who requests assistance for their self, and their children is designated as the caretaker relative, and the other parent is considered the absent parent.

In joint or shared custody situations, when both parents request assistance for cash, one parent will be designated as the Specified Relative to receive TANF as the payment name for the children’s benefit and be included on the TANF grant. The other parent will be designated as the absent parent. The TANF grant is to meet the children’s needs for the entire period not just when in the physical custody of the parent designated as the payment name. Determinations on child support payments will be managed by the Domestic Relations. It is not the responsibility of the CAO to mediate disputes between the parents as to the use of the grant or as to who is designated as the caretaker relative. If the parents disagree about who the caretaker/relative will be, explain that TANF eligibility cannot be determined. Instruct them to return to court for a decision giving primary physical custody to one of them. When one parent is already receiving assistance, they continue to receive the benefits and instruct them to return to court for a decision giving primary physical custody to one of them.

55 Pa. Code § 153.45(a)

The caretaker/relative must meet all eligibility requirements, including support action.

Examples:

Mr. and Mrs. Smith are divorced and have joint legal custody of their two children. The children live with Mrs. Smith from Monday through Friday and spend each weekend with Mr. Smith. Mrs. Smith applies for cash benefits for self and the two children when Mrs. Smith job ends. Mrs. Smith is designated the caretaker/relative. Mr. Smith is the absent parent. Deprivation exists because Mr. Smith's absence interrupts Mr Smith providing physical care and guidance. Mr Smith is not involved in the daily decisions about the children's health care, education, etc. Mrs. Smith must pursue support.

Mr. and Mrs. Clark are separated and have joint legal custody of their two children. Mr. Clark has physical custody from January through June. Mr. Clark is the specified relative and may apply for the children during those months. Mrs. Clark is considered an absent parent from January through June. Mrs. Clark's absence interrupts Mrs. Clark's ability to provide physical care, maintenance, and guidance to the children. Mr. Clark must seek support from Mrs. Clark at that time. Mrs. Clark has physical custody from July through December. Mrs. Clark may receive TANF for the children while they are in Mrs. Clark's physical custody during those months. Mrs. Clark must seek support from Mr. Clark (the absent parent) at that time.

Special arrangements for physical custody of a child on holidays, birthdays, vacations, and special occasions are considered regular visits to the absent parent. The caretaker/relative is not entitled to any special allowance to pay for the arrangements.

55 Pa. Code § 153.45(a)(2)

Examples:

Mr. and Mrs. Greene, who are divorced, have joint 50/50 custody of their two children under a court order. Each parent has primary physical custody of the children every other week. Mrs. Greene applies for cash assistance for self and the children because Mrs. Greene's unemployment benefits ended. Mrs. Greene has no other income. Mrs. Greene is designated the caretaker/relative and Mr. Greene the absent parent. Mr. Greene agrees to this action.

Mr. Greene becomes dissatisfied with the arrangement above. Mr. Greene decides to apply for TANF for self and the children. Mrs. Greene rejects the idea. Mr. Greene must petition the court for primary physical custody of the children. Mrs. Greene's case remains active until the court decision.