Proof of Custody Act Exposed

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The Proof of Custody Act is listed under ALEC's Health and Human Services Task Force, but does not include approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text


Any child for whom welfare eligibility is sought may be in the custody of the mother, the father, or both jointly. The current welfare system fails to determine whether the parent receiving welfare coverage actually has custody of the child. If one parent presents a child for welfare eligibility while the other parent (or the parents jointly) actually have legal custody of the child, a fraud has been committed.

Model Legislation

Section 1. Title:

This act may be cited as the Proof of Custody Act.

Section 2. Purpose Section.

To eliminate cases of welfare fraud based on a noncustodial parent seeking assistance for a child which is not legally their own.

Section 3. Main Provision.

No funds shall be available under this Act for payment to a parent on behalf of a child unless the parent seeking eligibility has sole custody of the child or, in cases of joint custody, the parents apply jointly for benefits.

Section 4. {Severability Clause}

Section 5. {Repealer Clause}

Section 6. {Effective Date}