Gaining Custody As An Unmarried Father

by Daniel from Kissimmee, Florida, Osceola County

Does having my child as a dependent on my tax returns help with present or future custody?

Answer to Florida Child Custody Question

Dear Daniel,

My suggestion is to talk this over with your accountant or tax advisor, and also your child's mother.

In general, the parent who the child lives with more than 6 months of the year is entitled to claim the child as a dependent.

Both parents, if living apart may not claim the child as a dependent for the same tax year.

Some couples in similar situations agree to alternate years for claiming the child as a dependent on their tax return.

For more information go to www.irs.gov and search for dependent child, or try this link - http://www.irs.gov/publications/p929/ar02.html

As far as gaining custody of the child, you should have filed a Florida Parenting Plan, Supreme Court approved Form 12.995(b), which spells out your custody and time sharing arrangements.

There are other forms that must be filed along with the Parenting Plan, whether or not you were ever married to the child's mother. Go to the Supreme Court's website at www.flcourts.org for the Parenting Plan form, and please read "Information for Self Represented Litigants"

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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