Since there is no formal court ordered custody, both of the parents have rights to the child. In Michigan, a Affidavit of Parentage gives custody to the mom until such time as there is a court order. IRS regluations say that the parent who the child lives with is the parent who can claim the child as a dependent for income tax purposes. If both of you were to claim the child, there would be an audit and the person with the most time with the child would prevail. It may be to your benefit to consult with an attorney and seek a court determination of custody, parenting time and child support. Once there is a court order, both parties would have to comply with it or face possible contempt.
Answered on Jan 09th, 2013 at 3:01 PM