QUESTION

If me and my son's father was never married do I get sole/full custody?

Asked on Jan 02nd, 2013 on Child Custody - Georgia
More details to this question:
Me and my son’s father were never married. Shortly after the birth, we spirited. One of my questions is do I have sole/full custody? We never went to court so there is no court order. The other question I have is with taxes. My son’s father is disabled. He hasn’t worked a single day in the year of 2012 but he has received unemployment as well as SSI. Does he have a right to claim the child? He does not pay child support but the child does receive SSI benefits.
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5 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Whatever you think sole/full custody means, the only way you can get it is from a court. Unless and until the father attempts to get some court ordered legal rights, you have complete control and authority of your child and you don't need anything else but the birth certificate showing that you are the mother. As for the income tax exemption, the only way the father could be entitled to the exemption is if the child lives with him for more than the year and he is providing at least of the child's financial support. It does not sound from your facts that he could begin to argue any claim to the exemption.
Answered on Jan 09th, 2013 at 3:03 PM

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You need to file for custody. If there's no order as to who can claim the child, claim him but file your taxes asap.
Answered on Jan 09th, 2013 at 3:02 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your son's father has the same right to custody that you do without a court order. You will need to get with an accountant about the taxes because it may depend on how much you make. If your ex- is claiming a dependent to increase his SSI, you may want to file to have that portion of his SSI given to you as child support.
Answered on Jan 09th, 2013 at 3:02 PM

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Dennis P. Mikko
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

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Car Accident Attorney serving Carrollton, GA
The IRS states that the parent with whom the child spends more time is allowed to claim the child.
Answered on Jan 08th, 2013 at 1:33 PM

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