Can a mother's boyfriend claim her child on taxes even if he has no legal custody?
If he was responsible for over 50% of the cost of the child, he can claim the child as a dependent. That would mean that no one else was entitled to claim the child, including the father and mother.
Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent. Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent. Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to… Read More
Whoever has physical custody of the child for more than 50% of the year (at least 183 out of 365 days) can claim the child on a tax return. If both parents have 50% custody, whoever has custody of the child on tax day (April 18th in 2011) can claim the child.
The parent that has the child 51% of the time even with a custody order.
Police don't question mothers about custody when there's a claim the father kidnapped the child, but single fathers have absolutely no rights to the child until granted them. see link
You need to review your separation agreement, custody order and the laws in your state. In some states the parent with physical custody has the right to claim the child on their taxes. You need to check your own status.
You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case. You need to check your child custody order and state laws to determine who has the… Read More
no see links below
More than likely no.
No, only the parent who has physical custody of the child for more than 50% of the tax year can claim the child.
You need to check your child custody order and state laws to determine who has the right to claim the child as a dependent. Some states allow the parent with physical custody to claim the child unless the parents have a different arrangement approved by the court. You should inquire at the court that has jurisdiction over the case.
Custody issues are decided in the state where the child resides. Therefore, if you file for custody, but the child lives in another state, your claim will have no grounds.
See Cooperative Parenting Below
No, the IRS clearly states that only the person who has physical custody of the child for over 50% of the year can claim that child as a dependent. If the child did not live with you for at least 183 out of 365 days, you cannot claim the child on your taxes.
The mother has the right to claim the child as the legal guardian of the child.
Yes, unless the will says otherwise.
The person who provided physical custody of the child for more than 50% of the year can claim the child as a dependent, regardless of whether or not back child support is owed.
It means that the claim was dismissed because the person who filed the claim did not pursue it.
In a lawsuit, an intervenor is a third party that enters the case because he has some issues at stake. In a custody lawsuit, an intervenor would probably be a third party that has some claim of custody over the child.
No. He needs o review the custody orders and the state laws since both govern who can claim the child. In some states the parent with physical custody has the right to claim the child. He should obtain legal advice before taking that liberty.
in ca.my fiance claims the taxes because she has custody of her son more than 50% of the time. if you have your child over half the year in your custody you should legally be able to claim the child on your taxes if you have a problem the court will give you an order in writing.
In what? As for taxes, the one who has the child 51% of the time claims the child. See link below for more help.
Only if both of you agree to it
Paying Child Support has nothing to do with any right to claim the child on their return. A divorce agreement or custody agreement usually deals with rights to claim a child on a tax return. If there is no such agreement deciding who get to claim the child then the IRS rules do. Usually the first right is the custodial parent (the person the child lives with). Residency is one of the requirements to claim… Read More
If the mother allows the child to move to their grandparents without informing the father of the change what can he do?
File a claim of child abandonment and for custody. see links below
You need to check the laws in your state, your court orders and your separation agreement.
If awarded joint physical custody.
Probably not because it's sounding like she takes care of & supports the child, not you.
There are tax forms which will allow you to claim the child on your taxes with the custodial parents permission. However, if you are in arrears the state will likely seize your tax return and give it to the custodial parent. It should be noted that the parent who can claim is not based on custody, but by time spent with the child.
No. In fact, many state have laws that provides the custodial parent has the legal right to claim the child as a dependent. You should check the laws in your particular jurisdiction.
Only if the child is living with her and she has rightful custody. If the child isn't living with her or she has no right to him it would be considered fraud since she isn't supporting him in anyway.
The person who can clearly prove possession of at least 51% of the time.
Can the parent without physical custody claim the child on their tax return because he pays child support?
That issue is affected by state laws and court orders and separation agreements. You need to find the answer before claiming the child. In some states the working custodial parent has the right to claim the child as a dependent regardless if the non-custodial parent pays child support in recognition that the parent with custody generally spends more time and money on caring for the child.
No. You can claim the child and take off child care costs, but single people pay a higher rate.
if she has primary custody, from the point of the filing date.
Do I have any custody rights to my child in minnesota if I was not married and am on the birth certificate and the child has my last name?
Yes, you do have certain rights. You must contact either the court or your state Department of Children and Family Services to claim and assert your parental right. Do NOT simply go to the front door of the child's home and try to force your way into the child's life (or his mothers, for that matter).
No, only one parent may claim the dependant. Generally it is the parent who has primary custody of the child. Your accountant may be able to explain the reasoning further.
You have sole physical custody of child Can you terminate fathers rights for abondonment without an adoption in new york state?
Only with the approval of the court and forfeiture of any child support claim.
Can a mother terminate custody. She has 100 percent custody. She is paid child support for that child for 365 days of the year. Can she force father to take the child. Child is a drug addict.?
She can't. She might be able to persuade a court to do so. The child support would, of course, cease (and in fact the father might be able to then claim child support from the mother).
Can a noncustodial parent take a child for a visit and not return them if there is no visitation order and the parents have never been married?
This is called parental kidnapping; unfortunately without a custody order the parent who had custody has nothing to back this claim. First you need to get a custody order, then you need to have the custody order served. If the child is in eminent danger you can have an emergency hearing, otherwise it will take some time to have the situation rectified. Try your best to keep in contact with the child and parent.
Any mother can go to court in the US to claim child support form the father for a child she is caring for. Babies are not born by spontaneous combustion. The father is as responsible for the child's welfare as is the mother. If the child is living with the father and custody given to the father, the mother is liable for child support, too.
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains… Read More
Can grandparents take child from mother if they claim and have proof child has been living with them?
Depends on why and how long the grandparents have had the child and why they have not applied for legal custody. They do not have more legal rights to the child than the mother. Consult a lawyer who is familiar with your state laws.
Please go onto: www.google.com TYPE IN: Child custody forms for the State of _____________. After you have done this also go back onto google and ask: TYPE IN: What are the laws pertaining to custody rights in the State of ______? Marcy
If you can prove that you had the right to claim the child for that year, then yes. As far as the IRS is concerned, if you had physical custody of the child for 51% of the year (183 days) you had the right to the exemption.
Can the mother of a child who doesn't work and lives with her boyfriend be legally able to claim child when the father of the child is fully involved in child's life?
If she has the child 51% of the time, yes.. see links below
If an unmarried woman gives a child up for adoption does the father have first claim on the child and if he does take custody is the mother obligated to pay child support?
Yes, the father does get first claim, in order for the child to be adopted by someone else, he needs to give up his legal rights as a father to the child. If you fully give up the child for adoption, to him, then he can not make you pay child support, but if he takes custody only, then yes you may be instructed to pay child support. He does not need to adopt to… Read More
Infidelity does not make a person a bad parent. It cannot be used to claim that a parent does not have the ability to love and care for their children, and a court will not take away custody of children because of it.
How hard would it be for a wife to get custody of a 8 year old if the father is a recreational pot smoker?
The chances for the father to claim custody of his 8 , eight year old child will be very hard as he is known to smoke pot, and under the influence of pot he is likely to harm the eight year old child. So the mother has a better chance of keeping custody.
You have 50 50 child custody you pay child support and pay for day care costs Can you legally claim child on taxes?
Only if you have the child 51% of the time. In doing the calculation, deduct the time the child is in day care, as the child is not in the care and possession of the parent. see links below
Yes, however is not necessary or advisable unless there is a concern that someone else will claim to be the person and accept the papers.