Jackson, TN asked in Child Custody, Family Law and Tax Law for Tennessee

Q: Who can claim 1 year old child on income taxes, who has legal custody, and what rights does the custody parent have?

Never married to child's father. Lives with mother. Father's name on birth certificate. Child support being processed now. No court document or hearing for custody.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: This is a tax question that only the IRS can answer. If there is no child support being paid currently ( you say it is "being processed"?) it seems to me that is would be hard for the father to claim the child as I think you have to be able to demonstrate to the IRS that you are providing 51% ( more than half) of the support for the child. Even so, many people cheat on their tax return. If there was a custody order ( parenting plan) under Tennessee law the "primary residential parent" gets the deduction/exemption unless there is an agreement otherwise.

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