Father Is Going for Joint Custody and Claiming Child as a Dependent?
Question by kimballz: Father is going for joint custody and claiming child as a dependent?
I live in the state of MN, and have a 7 year old with a boy (whom is nearly 28 yrs old). I left him the day after our daughter turned 1. He was abusive, an alcoholic, and a drug user. For the past 7 years I have received just $ 225 in child support, he never calls to talk to her, never asks how she is doing in school, etc. However, his mother and step father received visitations with her. This is where I am confused and fearful that he might win. He, himself, NEVER has had visitations with her, except one time, we had a verbal agreement in 2008 that he would get her every other weekend as long as he was at his parents house. One morning at 6:30am I got a phone call from his step dad telling me that he had left int he middle of the night and hadn’t returned and his step dad needed to go to work, but no one was there to watch the child. At this point, I voided our agreement. He only had 3 actually weekends with her. He left the state of MN to Cali back in Oct of 2010 with the intentions of being gone for 7 years (did I mention he is a felon?) – he then came back just a few weeks later and got arrested. His parents wanted to take my daughter to the jail to see him and I said ABSOLUTELY NOT, that is not a place for a child to see their dad. They went against my wishes and since then, they have not spoken to her or seen her.
Her dad called to talk to her on her birthday in 2010 and she didn’t hear from him until her birthday this year. His parents asked if I would let them take her to a banquet at the end of Oct. and I said no. They then stated, “We’ll see you in court then” They obviously can’t go for visitation, but in the papers that were served to me it gives all these dates that they saw her (but no dates that her dad was with her). 1. can this even be used in a case concerning a father of a child vs. the mother? 2. Will that even stand?
He is also trying to get joint custody and he wants to claim her as a dependent on his 2011 taxes (he doesn’t even pay his child support, let alone she didn’t even live with him 6 months out of this year)
He’s also a recovering alcoholic and has APPARENTLY hit a one year sober date (though I find this to be highly doubtful) – his papers neglect to state that he is also a drug addict. He completed an inpatient treatment (apparently again – he’s in and out of jail and I have no idea how he has had time to complete an inpatient treatment program).
So, not only do I have those questions posted above about parenting time but what are HIS chances of getting joint custody?
Thanks for that!! So very true. And exactly what I was thinking – but it is still very stressful! I have documentation, in which has been provided to my lawyer of the issues in the past. The thing is, there is nothing of him trying to see or contact our daughter, it’s been strictly his parents trying to see her. Thank you again, this gives me some confidence!
Best answer:
Answer by CaCO3Girl
You failed to mention what kind of custody order you have in place.
If you had none then you didn’t by law have to let anyone see her. If he tries to take it to court then you have your list of reasons why SUPERVISED visits for the father would be okay if done at a supervised visitation center at HIS expense. If you appear to be saying no in all forms the Judge won’t listen to your reasons he will assume you are just one of those mothers that thinks the kid is only yours….HOWEVER, if you detail with police reports, arrest reports, and e–mails your factual unbiased reasons why he needs to work back up to unsupervised visitation…then the Judge will listen.
the IRS says who ever had the child 50.1% of the nights this past year gets to claim them…if that was you then you claim the kid.
The father will also have to be fairly square on his child support before the Judge will consider his joint custody request seriously.
And I really hope you have a case open with child support enforcement because any money he does get back in taxes this year will be re-routed to YOU.
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