I have a question about changing child custody agreement and non-custodial parent claiming child on taxes.

My fiance divorced 2 years ago accepting whatever his ex wife decided upon in there child custody agreement due to lack of money to fight it and job conflict that would not allow him to make court appearances. He is more stable and now looking for gaining more rights to be able to see his son. Since March 2009, he informed his ex-wife that he dating me and at the same time the child support was lowered from about 1200/month to 600/month. The ex-wife who was still begging him to return to her was angry that he was dating someone and that the child support was lowered and has since not allowed him to speak to his child over the phone. He is looking for a judgement that states when he is allowed to speak to and see his child as well as claiming his child on taxes.
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Also we reside out of state and the child resides in Fresno,CA. He is looking for specified days when he can speak to the child, a couple of weeks out of the year where he can have the child(noting who pays for the transportation), would like to claim him as a dependent on his taxes, and change the original judgement from minimal supervised visits to unsupervised visits. If this matters, upon him informing her of his wishes to divorce the ex, she took many pills in an attempt at suicide. A report was taken, but she in turn made a report against him of alleging that it was because of the things he said to her it made her attempt suicide. I believe he called it "terrorist threats". We dont have any laws like that here...i've never heard of trying to charge someone with a crime for making their spouse want to kill themselves???? No charges were sustained.
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Answers (1)

Richard Forrest Gould-Saltman

Richard Forrest Gould-Saltman

Contributor Level 7
1. If he wants a more specific custody/visitation order, he can either negotiate it with his ex, and have the agreed change made into a new order, or he can file a request to have the custody and visitation orders modified to make them more specific, go to a hearing, and ask the judge to make the orders more specific.

2. Unless the judgment includes an agreement that the dependency exemption gets shifted under certain conditions, whoever has the child in her/his custody 50.1% of the time in a given year is entitled to take the dependency exemption for the child. Generally a court will allow the parties to trade off a higher support order for a dependency-exemption shift, if the effect is to put more net dollars in BOTH parents' pockets.
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