My parent had my 2 of my 3 children thru order of the
Probate court, they were placed in their custody (legally)
in late 1997 and were returned to us on July 28th of 1998.
My question is that we had "court ordered visitaion during
the the last few months totalling more than 30 days. which
means we had the children more than 180 days (more than half
the year including visitation "court ordered") Who has the
right to take the kids off?? Me or my parents..
The one who "PHYSICALLY" had them the most amount of time,
or the one who had the "Legal" custody, even though we had
them also during this time by court ordered visitation???
HELP!!
> The one who "PHYSICALLY" had them the most amount of time,
> or the one who had the "Legal" custody, even though we had
> them also during this time by court ordered visitation???
Neither.
The rules for dependency require that the person claiming
the dependency provide more than half of the children's
support for the year. Length of time spent with the child is
not a consideration. Since your parents probably paid more,
they get to claim the dependencies.
Hank Sievers
Court ordered visitation is not the same as custody. Based
on the facts you provide, your parents had physical custody
of the children for more than half the year and I tend to
think your parents provided more than half the childrens'
support.
The information above is for discussion purposes only and
should not be construed as professional tax advice.
--
Barney Byrd
B_B...@prodigy.net