Centereach, NY asked in Family Law, Child Custody and Domestic Violence for New York

Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in to overnights on school days in which he drops him off early which provides less structure and routine. I provide healthcare thru job where he continues to use free healthcare. My son has even reported daddy has mad money hidden in the house- he’s 5. My accountant agrees since I am custodial, son lives with me more and I have higher AGI I should report it. I fear his verbal abuse. Who has the right and what should I do?

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.

1 user found this answer helpful

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