If my son is living with my sister temporarily, what are her legal rights regarding custody and child support?

I am a father of an 18 year old son who is a high school senior. I have sole custody; his mother is incarcerated. About 2 years ago I moved to a new county, one county over. My son decided that he would like to remain in the county where he attends school to finish high school. Upon my sister’s suggestion my son moved in with her since she lives in his school district. We made no formal financial arrangement for his care. I provide insurance coverage, school clothing, lunch money etc. My sister has claimed my son on her taxes during this timeframe. My sister is now threating to file for child support for my son. Can she be awarded custodial rights of my 18 year old son or be awarded child support by the state?

Asked on September 19, 2012 under Family Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your sister's declaring your son as a dependent of her presumed federal and tax returns where she has no cusody order is improper under the law. She cannot be awarded custody rights of an 18 year old man who is an adult and is not a dependent person despite still being in high school since she is not your son's parent. If you are providing child support for your son, your sister cannot be awarded additional child support for your son.


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