Legal Question in Family Law in California

Termination of visitation and Tax question

My daughter is 18 now, (Feb. 2005)and graduates from high school in June. She wants to stop visitation with her mother and only go when she chooses as opposed to every other weekend which is what has been happening. (I have primary physical custody and we share legal custody.)Her mom is in favor of this - at least right now - but I want to make sure that it's okay legally.

Our current legal agreement says nothing about who can claim my daughter as a dependant on our taxes. She has lived with me since May 2004 and the mother pays no child support to me. We meet all the IRS support requirements, but the mom is still saying that she has the legal right to claim her becuase of ''past standing.'' Since our current order says nothing one way or the other about who can claim her, is she right? Or does dependant status go to the primary custodial parent automatically regardless if it specifically stated in the current agreement or not? It doesn't seem fair to me, since she was able to claim her all the years that she had primary physical custody. Thanks


Asked on 2/01/05, 6:01 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Termination of visitation and Tax question

Since your daughter is an adult nobody has custody of her and she may do as she pleases. If she was with you over 50% of the time last year, you have the right to claim her as a dependant. Good Luck, Pat McCrary

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Answered on 2/01/05, 7:33 pm


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