Legal Question in Family Law in Texas

Legal Rights to Child while serving time in prison?

I was sent to SAFFP Unit in Texas back in late April..In my divorce papers that were issued in 2002 My exhusband carried both our children on his income tax return.My Divorce papers says I get to carry one child from 2003..and him carry the other.So my question is becuase of my being incarcerated do I still have my right to carry her as my dependent this year?


Asked on 12/18/03, 2:19 pm

1 Answer from Attorneys

Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Legal Rights to Child while serving time in prison?

The Internal Revenue Code controls who is entitled to claim dependents on tax returns. Generally, the child must have lived with you for at least half of the year for you to claim him/her as a dependent.

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Answered on 12/18/03, 3:55 pm


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