Who is considered to have custody if I have my kids 4 days a week and 3 nights?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is considered to have custody if I have my kids 4 days a week and 3 nights?

I have my kids Mon, Tues, Fri and Sat. My ex has them Wed, Thurs and Sat, plus 4 nights. So if ihe has them for 3 days and 4 nights and I have them for 4 days and 3 nights, then who is considered to have custody?

Asked on March 24, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I wish that you had given more of the facts and circumstances surrounding your situation and why you are asking.  But I can gleam from the situation that you are divorced.  So what does your divorce agreement state?  It is a contract that you entered in to.  It sounds to me like you have joint custody and share joint physical custody of the children.  Are you asking for tax purposes?  If that is the case then either your agreement will state who takes the kids as a deduction (and maybe you alternate or you each take two) or seek help from an accountant.  The IRS has strict rules on that.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption