Periodic or temporary separation does not bar “living with” if the circumstances indicate that the child and parent have shared, and again expect to share, a common roof or resume common residence when conditions permit.

A parent in the Armed Forces who shared a common roof with the child until induction is deemed to be “living with” the child. Living with is found if the child is born while the parent is in the Armed Forces.

A parent in a correctional institution who lived with the child before the imprisonment and expects to live with the child after the separation is considered to be “living with” the child if the parent exercises parental control and authority.

A child in the Armed Forces or in a correctional institution is not “living with” the parent since the parent does not have the right to exercise parental control.

Obtain a statement from the NH about whether the NH and child were living together at the pertinent time.

NOTE: If the child's application date is the pertinent time that “living with” must be met, and the NH and child file concurrently, the NH's application showing the same address as the child's address shown on the child's application constitutes the NH's statement of “living with.”

Accept the NH's statement as proof of “living with.”

Obtain a statement from someone having personal knowledge of the NH's and child's living arrangement at the pertinent time.