Is it reasonable for a government agency to utilize a joint conservator's court ordered periods of possession of a child to determine that parent is not 'custodial parent' thereby infringing and depriving the parent of Constitutionally protected fundamental rights already adjudicated?

QUESTIONS PRESENTED In 2010, Congress enacted the Patient Protection and Affordable Care Act (ACA). ACA was legislation that sought to significantly address . matters concerning health care, including the expansion of Medicaid. Respective provisions of ACA were implemented in January 2014. Federal Regulations were developed in the following years for assessing various criteria, including 42 C.F.R. §435.603 that applies to Children’s Medicaid eligibility. Among the criteria of importance here are the two terms “household” and . “non-custodial parent.” In the absence of a Court order, the ACA’s regulations largely rely upon the understanding of these terms that were developed by the Internal Revenue Service decades prior to joint custody becoming the default in many states. Additionally, as this Court denotes in Troxel v. ; Granville contemporary demographics make the compositions of families vary greatly and a heightened protection exists against governmental interferences of parental liberty interests including care, custody, and control of children. Therein, this Court at length addresses 75 years of U.S. Supreme Court decisions replete with supporting parental rights. Additionally, in U.S. v. Windsor, this Court ii makes it clear as it cites a litany of other cases that “{t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United — States.” 1 Here, respondent was provided the governing final order holding joint custody of the child for which Children’s Medicaid was sought. In contravention to the controlling custody order, Texas Health and Human Services Commission has refused to recognize petitioner as a lawful custodial parent and cites ACA’s general regulations determine custody and not petitioner’s final custody order, and thereby consequently denies Children’s Medicaid Services. Accordingly: Is it reasonable for a government agency to utilize a joint conservator’s court ordered periods of possession of a child to determine that parent is not “custodial parent” thereby infringing and depriving the parent of Constitutionally protected fundamental rights already adjudicated?