Legal Question in Family Law in New York

can my son's father get ruled in court to claim our son every other year if we only have joint legal custody between us but i have primary physical custody of my child. he claimed my son before i could this year and i was told to do an admended return and send in the information the irs requests me to send in. i am still going to hand in the information but what if my son father tries to take me to family court to get an agreement through family court so he can claim our son every other year can he do that or no? because he doesnt have 50/50 custody he has visitation


Asked on 5/21/13, 10:51 am

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

Absent an agreement of the parties, the residential custodian has the deduction on his/her tax returns.

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Answered on 5/22/13, 11:38 am


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