In a custody battle with a father that would not sign BC at birth but now has my daughter!

LaDina - posted on 12/27/2013 ( 1 mom has responded )

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My x-husband and I convinced a child after we were divorce. He refuse to sign the birth certificate because he did not want to pay for the birth. Now 15 years later, he finally took a DNA test (he said he was her dad all along, just did not want to claim on paper) because he is trying to take custody after from me because she wants to live with him now (he has more money and less rules than me). We are going to court because he would not return her after she spend the summer with him. I can legally go and get her back but she is now established in her new school and I don't want her right in the middle of this so I went through the courts to get her back and to have him pay back child support. Even though she has not lived with me since May 1st can I legally still claim her on my taxes, she was just visiting him for the summer? He has basically kidnapped her but because I started legal proceeding the police will not get involved so I am not sure how the taxes work for something like this?

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Amy - posted on 12/27/2013

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Well it's really whoever files first if it's not already extablished. You would be better off going to mediation to figure out who gets to claim her, if you claim her and he disputes it you could find yourself in trouble with the IRS. Technically you both had her 1/2 the year, so it could be more complicated than you had her the last 15 years.

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