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Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

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10y ago
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13y ago

Usually the custodial parent when all of the rules are met by the custodial parent and the qualifying child to be claimed as a QC dependent.

Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3

Qualifying Child

Residency Test Rule 3

Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

Custodial parent and noncustodial parent, The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

Equal number of nights, If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.

You can click on the below related link for more information and examples.

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10y ago

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

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14y ago

The parent that has the child 51% of the time even with a custody order.

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Q: Who gets to claim a minor child on their taxes if the mother has custody and no court order has been set for parenting time for the father?
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Related questions

What rights does a man found to be the father by default have to said child?

If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.


Do you have to pay child support if the mother excludes your rights?

First, without a court order, the mother cannot prohibit the father from seeing the child. If he has not voluntarily given up his rights to the child, and a judge has not created a custody schedule, the father has as much right to see the child as the mother.Second, if the father does voluntarily give up his parenting rights, or a judge does involuntarily remove his parenting rights (or awards full custody to the mother), the father would still owe child support until his child reaches the age of majority and has graduated high school.


How often is the father awarded custody of the child over the mother?

How often is the father awarded custody of the child over the mother in North Carolina?


The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies


If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.


Father wants custody of child and the mother is sick?

Father must petition for custody and court will weigh what situation is best for the child


The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.


What is the time frame for child abandonment so father can gain full custody?

A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.


Who has custody of a child born out of wedlock in NC?

The mother. The father have to petition the court for custody.


If mother wants to give full custody of the child to the father what does she have to do?

It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.


If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.


How can you get residential custody of child as a single father?

A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother or other parent that makes it harmful for the child to remain in their care?