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Joint Custody Virginia

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  • Joint Custody Virginia

    Hi,
    My daughter gave birth in September. The father convinced her to apply for joint custody and also convinced her not to apply for child support. Does this gives him rights to her baby anytime he wants. That's what he's telling her. She and the baby live with me and tells her anytime he wants the child, she has to comply; even holidays. She wanted to wake up with her on Christmas day and he decided that he wanted her Christmas eve and didn't bring the baby back until the day after Christmas. She missed out. Should this be happening just because they have joint custody. I thought that even in joint custody, she has physical custody and he would have visitation. Please help me understand so that I can help my daughter? Is he just taking advantage because she's so young(18) and he's older(25)

  • #2
    What does the court order say (assuming there is an order)?

    By the way, he may have "convinced" her not to file for child support, but she can file at any time. Both parents are legally responsible for financial support of the child.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      Only that they both have legal joint custody. Also, since my daughter doesnt work, I support both her and the child. Since he has joint custody, does he automatically claim the baby on his income tax oppose to me claiming because she and the baby live with me and I support both?

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      • #4
        Okay, does the order say anything about who has primary physical or residential custody? If so, does it say anything about times and dates for visitation with the secondary physical or residential custodial parent? What I am getting at is that one parent does not get to just say, "well, I have joint custody. That means that I get to do whatever I want."

        If the order has no specifics, your daughter needs to file to modify and clarify the order. ASAP. She does NOT want to deal with this for the next 18 years.

        How much support has the father contributed to the child? How much time has the child spent with the father this year? (Has it been at least 50% of support and 50% of the year?) Here is a link for IRS rules when claiming a child as a dependent. Scroll down to page 10-12.

        www.irs.gov/pub/irs-pdf/p501.pdf
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          My daughter has physical custody. He has brought one box of pampers. He demands the child about two or three times a week but my daughter is always with her. I pay for the insurance and support of the baby.

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          • #6
            Okay, as for the tax issue, it is likely that you would be deemed to be the person to claim the child using the "tie-breaker" standards the IRS considers when two people try to claim the same child. (and I should have said how long the child has resided with the father...not how much time has been spent with him, sorry I wasn't very clear.)

            When is HE supposed to have the child? Is there no visitation schedule spelled out? (weekends, holidays, summer, days of the week, etc.?) If not, it's going to be really hard to enforce anything. That being said, he does NOT have the right to make up visitation as he goes and at his whim. Joint legal custody gives him the right to have a say in decisions that affect the child (as I have already said...I am repeating myself) and equal access to all records (medical, school, etc.) for the child. It does not mean that he sets whatever schedule he wants and she just has to deal. She also needs to file for child support. It doesn't really matter what he thinks is fair. It is about the child's right to be supported by both parents.
            Last edited by mommyof4; 12-28-2006, 07:25 AM.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Thank you. This answers my questions.

              Comment

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