Legal Question in Family Law in Tennessee
Tax Dependent
Recently, there was an episode that I was granted temporary custody from my son's father because abuse was involved in Dec. 2001. He was charged with child, however they granted him for custody to be returned in July 2003. However, my son has never returned into the father's custody since Dec. 2001. My son continued to stay under my custody and care. I signed papers when my son was an infant for his father to file taxes for my son until he turns 18 yrs old. But my question is since my son has been in my care since Dec. 2001, could I file him on my taxes for 2002 eventhough, I signed papers in 1988?
1 Answer from Attorneys
Re: Tax Dependent
It is difficult to completely understand your question as written. However I think the answer to your question is one of tax law rather than family law. In other words, I suggest you take the court orders to your CPA or tax lawyer and if there is nothing in the orders or decrees to the contrary, the tax preparer should easily be able to advise you as to which of you has the right to claim your child as a dependent on the tax return. Best of luck.
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