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Answered 2010-05-02 21:21:38

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.

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If the step parent files for custody, and the judge awards custody of the child to them.


WHY, were you denied joint custody? There must be some reason that a custodial parent would then be denied joint custody.



If the child is a minor in the state of Utah and the parents of the child have never been married then both parents are awarded equal custody. However, if there's a reason why one parent cannot care for the child, then the parent who is capable of caring for the child is awarded custody.


You don't have the right to contact your child? If you don't, you can file a motion for an order of visitation in the court with jurisdiction (where the child legally resides).


The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.


No. The remaining parent must visit the court and request a modification of the custody order. That parent should act as soon as possible.


A minor child may not choose to live with the non-custodial parent. The non-custodial parent can go to court to have the custody order modified, but the only age at which a child is free to choose which parent they want to live with is the one at which they're no longer a minor.


Only after approval of an Emergency Petition for Custody for a Child In Need of Care.


It depends on the exact language in the custody decree, but ordinarily a custodial parent is allowed to place a minor child in the temporary care of any responsible adult.



In this case it does not really matter who have custody since a minor is not allowed to choose and you have to be 18 to do so and by then you are free to live with whoever you choose.


Also called sole custody, it means one parent makes all decisions as regards the child's life, including medical. The other parent can have visitation, but no decision making power.


how old does a child have to be in Illinois to state with which parent he chooses to live? how old does a child have to be in Illinois to state with which parent he chooses to live?


Yes a minor Mother does have custody, But because she is a minor her parents have the say over her and she over the minor child of her's. Depending of the age of the minor mother as to what choices she has in dealing with her parents.


No, there is still a parent left with custody. And custody can never be willed. That is for the court to decide. The ones in the will can ask for custody but it is up to the court.


No. A single parent can live with whoever they want as long as that person is not harmful to the child.


The living parent may still be ordered to pay support. Why doesn't the living parent have custody? see link below



Yes. A different view: If the custodial moves out of state and abandons a minor, then the custodial parent should be charged with endangering a minor, child abuse and neglect. Then the non-custodial parent should be given full custody of the minor child, and should then sue the parent who abandoned child for child support. There is never any reason or excuse for a parent to abandon a minor child, and leave them to "fend for himself". That is child abuse, child endangerment and neglect.


It would depend on the reason. If the parent who filed custody over the six month old child from a divorce, but the other parent files a counter suit for the "safety" of the child, then the judge would have to look more into the case because the other parent had already, as it seems from your question, won custody. If nothing is found then the child remains with the custody holder. But, if something is found then the child will be handed over to the parent who filed the counter suit OR will be sent to child services. It literally depends on the case. Sorry.


If "giving up custody" refers to a parent voluntarily relinquishing their parental rights to a minor child or children the consequences of a TPR being granted is that the parent loses all rights to the minor child/children permanently. A TPR cannot be rescinded by the parent nor revoked by the court. TPR decrees are not for the purpose of allowing a non custodial parent to be relieved of his or her financial obligations to minor children. They are usually only granted by the court to allow minor children to become eligible for adoption.


Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.


Yes. Physical custody does not constitute sole legal custody, in which one parent has been given the legal authority to make all decisions concerning a minor child, including change of residency. In some states even a parent who has sole legal custody must inform the court and the noncustodial parent before making the move.


You report it to your local cider mill.Where do you think you report it!?!



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