Legal Question in Family Law in Maine

never married child custody & tax claiming

never married to father of my 5 year old son. Never

had any legal custody, he has him 3 1/2 days weekly.

I have never received any child support. He wants

to claim him on taxes every year, I want alternate years.(can I legally claim him every other year?

He also wants him 4 days per week, what are my rights?

He is an alcholic and drug user.


Asked on 9/12/00, 10:49 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: never married child custody & tax claiming

He is not paying child support, then he doesn't get to claim child on taxes. But, first and foremost, if the two of you have not filed anything stating that he is the father, then legally he has no right to request visitation and you have no right to request child support. If the two of you have signed an agreement that he is the father and there has been a final judgment to that affect, then he must pay child support. Visitation requested must be reasonable and in your case I have some concerns about his abuses. Visitation may have to be supervised. Speak with an attorney in your area and don't feel pressured to agreeing to visitation that you don't agree with and demand child support, including the amount that he has failed to pay.

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Answered on 10/16/00, 3:06 pm


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