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If the father and I have joint physical and joint legal custody, but I have final decision-making authority, can he claim our daughter on his taxes?

  • By: David Bliven

Q: I have joint physical with the dad and with joint legal custody with final decision making authority to me (word by word on order). Every year he has claimed his taxes early and I end up having to mail my taxes in because of this. When it comes to my daughter and where she legally lives, all her school documents and medical documents states she lives with me. When she stays with him every other week Monday morning drop off to Monday morning pick up from me, I end up buying her things she needs for her dads house and I tell him he saids okay but then his mom contacts me for the things she needs, majority of communication is with his mother not him. When I do communicate with him he agrees and saids he takes care of it but either nothing is done or his mom reaches out to me to take care of it.

A: The answer to your question is that this is a child support issue. You’d need to file for child support & have a Magistrate rule on who gets the deduction, as well as determining who owes what in terms of add-ons expenses or even basic support. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.

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