If I share joint custody of my children but I am not the primary parent, do I have to have the other parent’s “permission” to file one of the children on my taxes?

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If I share joint custody of my children but I am not the primary parent, do I have to have the other parent’s “permission” to file one of the children on my taxes?

There are no intructions on this in the divorce papers.

Asked on January 14, 2013 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about as to the tax issue deduction you need to have a meeting with the other parent as to how such is going to be taken care of. Ordinarily the parent that has the minor child the least and pays child support gets to claim the minor as a dependent on taxes absent an order from the court to the contrary.

As to your question, you do not need permission to claim the minor as a dependent upon your taxes based upon what you have written.


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