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It is going to vary depending on the state, but I know in Maryland the father gets them. Added: USUALLY the non-custodial parent will be awarded full custody. HOWEVER - it can vary depending upon the circumstances and a decision of the court. If the non-custodial parent's rights are challenged, a hearing will have to be held to demonstrate whether or not some other family member may be a more "fit" guardian to raise the children.

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Q: If a married couple was separated and live in separate household and the children was living with the mother and mother dies who gets children?
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How do you file for taxes when you are married but separated?

Only IF in the state that that you are a resident of IF you are legally separated on the last day of the year, you should file either as single or as Head of Household (if you have children that live with you for more than 50% of the year). Other wise your filing status would be married filing joint or on a separate 1040 federal income tax return MARRIED FILING SEPARATE.


Can married people filling separate and both claim head of household in the address?

No-you must file as mariied ( either jointly or seperately) Head of Household is unmarried taxpayers or married taxpayers that have kid(s) living with them AND have been separated for AT LEAST the last 6 months of the year and living at separate addresses.


Can you claim head of household if you file married but separate?

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Income tax after a divorce. Joint or separate filing?

If you are legally separated or legally divorced on the last day of the year, you should file as single or head of household. You should NOT file as Married Filing Jointly or Married Filing Separately.


Do you put married filing separately or single on taxes if you are legally separated?

If you are legally separated on the last day of the year, you should file either as single or as Head of Household (if you have children that live with you for more than 50% of the year).


Is Sharon G. Flake married?

She is married and she has 7 children in her household.


When married but separated can married filing jointly be the filing status?

IF you are NOT LEGALLY separated in the state that you are a a resident of on the last day of the year. Your filing status would be married filing joint or on a separate 1040 federal income tax return MARRIED FILING SEPARATE.


How do you file income tax if your are still married and do not know the whereabouts of your husband and are not legally separated.?

Married but filing separate


Is is good for a separated married couple to live in the same house or separate houses?

No it is not right, for a separated married couple to live in the same house. As chances of fights are more likely.


Am i still married but separate for 15yrs?

Once married, you remain so until you die or are legally separated (divorced). Just being separate (apart) is not enough to be "unmarried",


How does the IRS view judgment of separate maintenance -- is the couple considered married filing jointly?

No. You may not filed a Married Filing Jointly return if you are legally separated and that decree has been finalized by the last day of the tax year. Your options are either Single or Head of Household, depending on if you have any dependents that would qualify you for a Head of Household filing status.


Separated since may 2007 but continue to file income tax as married?

Until you have a decree of separate maintenance or a final decree of divorce from a court, you must file as married filing jointly or married filing separately. If you did not live with your spouse during the final 6 months of the tax year at all, you may be eligible to file as head of household if you also meet the other requirements for head of household.