Legal Question in Family Law in Maryland

Child custody- Modification of custody

If a husband is awarded full physical and legal custody of a child (4 yrs old), yet the child spends a majority of the time with the mother (more than 50% of the year or majority of custody), 1) can the mother request modification of the custody 2)claim the child as a dependent for tax purposes, and 3) request child support payments if she was not previously granted child support payments?

Any help would be greatly appreciated.


Asked on 3/07/06, 1:38 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Child custody- Modification of custody

You can petition the court to modify custody, either seeking joint custody or sole custody. Along with that you can request child support based on the MD guidelines. If the child is with you 50-65% of the time (measured by overnights), the shared custody guidelines would be used; if over 65%, the sole custody guidelines apply.

Since the father has legal custody, he's entitled to the tax exemption unless he signs an IRS waiver giving the exemption to you on an annual basis. If legal custody changes, you would then be entitled to claim the exemption.

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Answered on 3/07/06, 9:50 am

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