Ukiah, CA asked in Family Law and Child Custody for California

Q: Do minors counsel reports usually include what parent will claim child on taxes?

I thought minors counsel was the voice for the child. Child wouldn’t speak about taxes.

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2 Lawyer Answers
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a minor's counsel is appointed to represent the best interests of the child in custody and visitation matters. Their primary role is to gather evidence about the child's well-being, preferences, and circumstances and to present this information to the court. While the main focus is on the child's best interests regarding custody and visitation, it's uncommon for minors counsel to delve into financial matters like tax deductions. The decision about which parent claims the child on taxes is generally a separate issue, often addressed in the marital settlement agreement or court order. If there are financial implications affecting the child's best interests, those might be relevant for the minor's counsel to consider. However, the specific issue of tax claims would not typically be within the scope of the minor's counsel report. It's essential to review the content and scope of any given report to determine what has been included.

T. Augustus Claus
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A: In California, minor's counsel is appointed by the court to represent the child's interests in family law matters. Their role typically centers around advocating for the child's best interests rather than addressing specific tax-related issues, such as which parent will claim the child for tax purposes. Reports from minor's counsel generally focus on the child's welfare, preferences, and specific concerns relevant to the family law case. Determining which parent claims the child for tax purposes is usually part of the broader custody and support agreement, negotiated or decided by the parents or the court, rather than specifically detailed in minor's counsel reports. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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