Understanding When a Child Living Apart from You is Considered in Your Care, § 404.349

There are situations when a child may live apart from a parent, but the parent is still considered to be caring for the child.

This blog post will explain when a child living apart from you is in your care according to § 404.349.

Section 1: When a child living apart from you is in your care

A child living apart from you is in your care if:

1. The child has lived apart from you for not more than 6 months, or the child’s current absence from you is not expected to last over 6 months.
2. The child is under 16 years old, and you: a. Supervise the child’s activities and make important decisions about their needs. b. The child is living apart due to: i. School attendance, but spends at least 30 days vacation with you each year. ii. Your employment, but you make regular and substantial contributions to the child’s support. iii. A physical disability that the child or you have.
3. The child is 16 years old or older, mentally disabled, and you supervise their activities, make important decisions about their needs, and help in their upbringing and development.

Section 2: When a child living apart from you is not in your care

A child living apart from you is not in your care if:

1. The child is in active military service.
2. The child is living with their other parent.
3. The child is removed from your custody and control by a court order.
4. The child is 16 years old or older, mentally competent, and either has been living apart from you for 6 months or more or begins living apart from you and is expected to be away for more than 6 months.
5. You gave your right to have custody and control of the child to someone else.
6. You are mentally disabled.

Example: Sarah’s Situation

Sarah is a single mother with a 14-year-old daughter named Lily. Sarah recently got a new job that requires her to travel frequently, and she cannot take Lily with her. As a result, Lily is living with her grandparents, who reside in another city, for the school year.

In this situation, Lily is considered in Sarah’s care for the following reasons:

1. Lily’s absence from Sarah is not expected to last more than six months, as she will return to live with her mother during summer vacation.
2. Lily is under 16 years old, and Sarah continues to supervise her activities and make important decisions about her needs. For example, Sarah regularly communicates with Lily’s school, enrolls her in extracurricular activities, and helps with any major decisions.
3. The reason for Lily living apart from Sarah is due to Sarah’s employment, and Sarah continues to make regular and substantial contributions to Lily’s support.

Even though Lily is living with her grandparents temporarily, she is still considered to be in Sarah’s care because Sarah continues to be involved in her life, makes important decisions for her, and provides financial support.

Conclusion: It’s essential to understand when a child living apart from you is considered in your care. Knowing these rules can help ensure you’re meeting your responsibilities and obligations as a parent, even if you and your child are separated due to various circumstances.

https://www.ssa.gov/OP_Home/cfr20/404/404-0349.htm