Legal Question in Family Law in New York

who is the custodial parent?

This may be a silly question however, the situation is boyfriend and girlfriend have a baby. They did not go to court for leagal custody. In 2007 mother claimed child on her taxes now in 2008 father claimed first without contacting mother. Who is the custodial parent? What documents prove it?


Asked on 2/25/08, 3:24 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: who is the custodial parent?

If the child resides a majority of the time with the mother, the mother is the custodial parent. If there is no agreement between the mother and father, the custodial parent receives the right to claim the child on the taxes.

Mike.

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Answered on 2/25/08, 3:34 pm


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