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Families and Children Manual Policy Manual Number: 010.015 Section: Financial Eligibility Chapter: Eligibility Determination Group for MAGI

May 1, 2026 Division of TennCare 4 7. Joint Custody/Parenting Time a. Joint Custody/Parenting Time For the purpose of determining Medicaid eligibility, the custodial parent, often referred to as the primary residential parent in Tennessee, is established based on physical custody specified in a court order, binding separation, divorce, or parenting plan. If there is no court order or parenting plan, custody of a child born out of wedlock is with the mother. If there is a parenting plan, the primary residential parent is the parent with whom the child spends most nights. b. Equally-Shared Joint Custody/Parenting Time When an individual claims that equally-shared (50/50) joint physical and legal custody exists or provides a parenting plan that evenly divides the child(ren)’s living arrangement and parenting responsibilities, the parenting time situation must be carefully examined. Though a court order or parenting plan may evenly divide the care and control of the child(ren), the parents may not, in fact, be following the parenting plan. In cases of alleged equal parenting time (50/50): i. Both parents exercise parental guidance. Parental guidance may include issues such as which parent takes children to and from school and/or day care, which parent does the school and/or daycare consider the responsible relative, who exercises responsibility for consenting to major medical treatment for the child, etc. ii. Parents equally share physical custody. If one parent has the child(ren) a majority of the time, this is not considered equally shared parenting time. Child(ren) must spend an equal amount of time living with each parent. The living arrangement may be based on days, weeks or months, but it must be equal (182.5 days per year with each parent) and parental functions of guidance and physical care cannot be substantially interrupted. (If equal time means 6 months at a time are spent with each parent, this will be considered extended visits. Eligibility for the parent ceases when the child is with the other parent.) If it is determined that equal (50/50) parenting time exists, staff should contact the Member Services Policy Unit for additional guidance on processing the case. 8. Verification The State accepts self-attestation of EDG members, relationship between the EDG members, and tax filing intentions.