If I have joint legal and physical custody of my 3 children, do I have the legal right to claim all 3 of them on my tax return?

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If I have joint legal and physical custody of my 3 children, do I have the legal right to claim all 3 of them on my tax return?

Unfortunately this was not addressed in our divorce decree. My ex-husband has them every other weekend. Every once in a while they will stay overnight on a weeknight.

Asked on October 10, 2012 under Family Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the marital decree that you are writing about which addresses the physical custody of your children where you have them the majority of the time it would appear that you have a right to claim a majority of the deduction percentage wise as to your three children on federal and state taxes IF no child support is being paid by your "ex".

To get a better understanding of your rights concerning the question you have written about, I suggest that you consult with a tax attorney and/or an accountant with respect to your matter and have one, the other or both review the marital dissolution decree and child custody order (with possible child support mentioned). 


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