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Level 1

Can my ex claim my daughter without my permission

My 1 year old daughter lives with me and my parents and my parent have been claiming her on their taxes but she visits her dads house on Thursday thru Sunday every week we were never married and he doesn't pay child support he told me he can claim my daughter on his taxes without my permission and if I don't let him he's taking me to court is that true
11 Replies
Level 1

Can my ex claim my daughter without my permission

What an uneducated fool,  only the custodial parent can legally claim the child so don't let him bully you. The IRS definition of custodial parent is with whom the child live for more than 1/2 the year so keep careful records on a calendar and don't let the child spend more nights with him then with you. 

If you both claim the child the first can be efiled and the second will be rejected requiring that person to mail the return in. Then the IRS will sort out who gets to claim the child so be prepared to support your right to claim. Read the dependent  and the separated parents rules in the IRS pub 501: http://www.irs.gov/pub/irs-pdf/p501.pdf

Level 1

Can my ex claim my daughter without my permission

wrong that lies lol trust me I'm a dad on child support
Level 1

Can my ex claim my daughter without my permission

If the child visits him 4 days of the week, then  she only lives with you 3.  He has the child more that 6 months of the year and is considered the custodial parent by IRS guidelines.  He has the right to claim his child, not your parents.
Level 11

Can my ex claim my daughter without my permission

The IRS rules are for who the nights are spent with. If the child spends 4 nights with one parent and 3 nights with the other parent, the parent who has the child 4 nights is the custodial parent who can claim the child. So the question for the original poster is whether the child spends 4 days each week or 4 nights each week with which parent. See p. 29 of IRS Pub. 17 under Custodial parent and noncustodial parent. <a href="http://www.irs.gov/pub/irs-pdf/p17.pdf" rel="nofollow" target="_blank">http://www.irs.gov/pub/irs-pdf/p17.pdf</a>
Level 1

Can my ex claim my daughter without my permission

The next time this guy tries to bully you over claiming the child, tell him you have a much bigger bully on your side-the IRS.
Level 1

Can my ex claim my daughter without my permission

(deleted)
Level 1

Can my ex claim my daughter without my permission

Take that issue up with the family court or the IRS and leave us bystander's alone thank you.
Level 1

Can my ex claim my daughter without my permission

(deleted)
Level 1

Can my ex claim my daughter without my permission

The IRS is not on her side.  He has the child 4 days and she has the child 3.  By IRS rules, he is the custodial parent.
Level 11

Can my ex claim my daughter without my permission

The rules are for nights not days so it depends on how many nights with each parent. Thursday through Sunday nights (Thursday, Friday, Saturday, and Sunday) would be 4 nights but Thursday through Sunday days would only be 3 nights.
Level 20

Can my ex claim my daughter without my permission

The issue is where does the child sleep.  The original taxpayer is not clear on whether a "visit" is daytime only, or overnight.  However, even if the visit was overnight, if it was Thursday through Sunday, that is 3 over night stays (Thursday, Friday, and Saturday), and the child sleeps in the other parent's home Sunday night through Wednesday night.  If this pattern is maintained for the entire year, the father is not allowed to claim custody because 156 nights is less than half the year.