Who would be able to claim the child?
I just got a job (yay) and her dead beat dad doesnt have a job so its not an issue as of now. BUT if he does start working I'd be the one to claim her right?
He only has visits 6 hrs, twice a week so I have primary custody.
Would it go to me or if he tried to fight it could a judge give it to him?
I would think that whoever provides for her the majority of the year would get to claim her. That is what would make sense but I do not know 100% for sure.
Who has legal custody? if you havent' filed , now would be a great time to do it. His track record is likely to speak for itself!
<blockquote><b>Quoting Lorelei's Mommy ♥:</b>" Who would be able to claim the child? I just got a job (yay) and her dead beat dad doesnt have a job ... [snip!] ... 6 hrs, twice a week so I have primary custody. Would it go to me or if he tried to fight it could a judge give it to him?"</blockquote>
I think it would go to you. As long as she lived with you at least 6 months out of the year.
Usually whoever have the child for more than 50% of the year is the one to claim them unless otherwise stated in custody documents.
He could try to fight it but I have a hard time believing a judge would give him the right if he's not working and not providing for her that often
Were you married or have a custody order? Cause if you werent married and are primary caretaker then you get to claim the child I could be wrong though
Thats what I want.
Because it says a dependent. Shes dependent on me not him.
I have her like 95% of the time. He also doesnt pay child support or work.
Whichever parent (or other person living with the child and caring for them) has the child at least 6 months out of the year is the only one who can legally claim the child on their taxes. The exception would be if you were divorced and the divorce agreement says otherwise. So you would be he only one who can claim her.
ok. Thanks your all your help!
Whoever has primary custody.
You claim her.
If he ends up claiming her cause he wants to be a dick, then they will check both your taxes and he will get caught claiming her when he has no right. You have the right considering his visitation you say he has.
But for future, I would get it put in your custody agreement, my lawyer has it stated in mine that I claim my children cause I have all custodial rights and he just has supervised visits. And he has tried to fight me on it, that's what it is in black and white now.
the person who has the child the most nights out of they year can claim them-straight from the IRS website..none of this other nonsense people are saying
im claiming both my kids on my taxes just like i did last year. I have them the majority of the time. Their dad buys them their diapers but thats it. He hasnt paid anything towards child support that hes suppose to.