- ALL FAMILY SUPPORT DIVISION OFFICES
- PATRICK LUEBBERING, ACTING DIRECTOR
- CUSTODIAL PARENT CLARIFICATION FOR MAGI PROGRAMS
- MANUAL REVISION #83
This memorandum provides clarification to MAGI manual section 1805.030.10.20.05 Joint Custody regarding the definitions of custodial and non-custodial parents.
Missouri Statute 13 CSR 40.7.010 states:
- The custodial parent is the parent with whom the child spends more than 50% of his/her overnight stays.
- The non-custodial parent is the parent who does not have physical custody of the child.
- True joint 50/50 custody occurs when the child spends an equal amount of overnight stays with both parents. The custodial parent is the parent who claims the child as a tax dependent.
NOTE: If physical custody is questionable, request verification such as: a court order, judgement, decree, legal separation, divorce document, etc.
- Review this memorandum with the appropriate staff.