My husband has an old custody agreement set according to his old night-shift schedule — while he was able to have joint custody of his 2 children, it was ruled he was unable to take that role until his work situation changed (aka day-shift position) that allowed him to keep the children overnight throughout the week instead of just alternating weekends and his weekly visitations. Essentially, he actually has them 8 out of 14 days of their biweekly schedule (more than half). Yet, because of the “more nights” qualification, it changes things.
He also pays for most of their living expenses between both households, and he has the higher AGI. His ex refuses to allow him to claim even just 1 dependent per year or to alternate, so requesting permission isn’t an option. Does he have any federal, legal rights to claim his dependent/dependents, short of returning to court? Their court order doesn’t address tax filing, either.
