Legal Question in Family Law in New Jersey

Re: can my girlfriends ex claim their daughter

It depends on the terms of the agreement or divorce decree between the two of them. Those terms need to be viewed in light of the current circumstances before an answer can be given to your question. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then

will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: can my girlfriends ex claim their daughter

You question raises several issues, including tax questions. While we are not a tax attorneys, you must first look at her judgment of divorce. That should state who can claim, and in what years. If the judgment of divorce does not deal with this issue, then it will be decided by federal and state tax laws. However, the general rule of thumb only the person who paid more than half the cost of keeping up a home for the year would qualify for the head of household filing status. If both people paid exactly the same amount, neither would qualify for the head of household filing status. Please refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for more information. If you still have questions, please feel free to contact me for a free consultation. Good luck.

Philip S. Burnham, II, Esquire