Augusta, GA asked in Family Law for Georgia

Q: How do I keep my husband from filing our kids? I am the custodial parent.

I allowed my husband to file our kids for 2021. I don't want him to file for 2022. How can I ensure he is not able to file this year. I am the custodial parent.

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4 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: If he is your current husband, there isn't much you can do. If one of you files for divorce, the custodial parent will be determined at that time.

Michael D. Birchmore agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. The best way to remedy this situation is to move forward with the legal divorce. Then who claims the children on taxes will be addressed in the process. You should consult with an attorney who can help you with the proper course of action.

Michael D. Birchmore agrees with this answer

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Until a divorce has been filed, neither parent is deemed the "custodial parent." You will need a divorce to accomplish your goals.

Judith Delus Montgomery
Judith Delus Montgomery
Answered
  • East Point, GA
  • Licensed in Georgia

A: Please check the final order for divorce. Confirm that the Order does not address taxes. If not, call an attorney.

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