Legal Question in Family Law in Pennsylvania

I live in PA

I divorced in December 2009

In the divorce it said that my ex would get the 2 kids mon-fri 4-7 pm

Also said that he could claim 1 kid and I would claim 1 kid.

In June 2010, he moved to Las Vegas, NV and doesn't see the kids on regualar basis as originally planned.

He is paying child support for both children.

Does he still have the right to claim 1 kid on taxes, or should I be able to claim both, regardless of the divorce settlement?


Asked on 7/19/10, 8:23 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

First, Partial custody is a right not a duty. He may see the children at the times specified but he doesn't have to.

Yes he does have the right to claim the child per the divorce decree. If you try to claim both he just has to show the decree and your claim will be rejected.

{John}

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Answered on 7/19/10, 11:29 am


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