Skip to main content

Is it still a 50/50 Joint Custody order and Parenting Plan, when my ex moved 5 states away?

Prescott Valley, AZ |

I was divorced in 2005. I agreed on 50/50 joint custody. We each were to claim one child on our tax return each year, according to our divorce paperwork. My ex moved 2 years ago. I have the kids, I pay for all the medical. I tried to go through the courts to modify the exsisting court order before he moved, but he left sooner. I called the court about the child tax information , and they told me to call the IRS. The IRS said it didn't matter what my divorce decree said, because the child resides with me over 320 days of the year. I'm am trying to modify everything in the court now, and my ex is threatening me. He said I will have to pay him back. I have a terminal illness, my children do not want to live with their father at all. Is this true? Will I not be able to modify cust

Attorney Answers 2


If your ex is threatening you when you discuss this with him, stop discussing it with him.

Custody (now called "Legal Decision Making Authority") will likely not be modified.

Parenting Time, the time children are with each parent will likely be modified.

You need to file a Petition to Modify Parenting Time and Child Support. His decision to move away made the 50/50 Parenting Time unworkable two years ago. Based on your statements here, it is highly unlikely that he could prevail if he contests your paperwork.

Once Parenting Time is resolved, the court will recalculate the child support and readdress the issue of the tax deduction.

Information provided on this site does not constitute legal advice. Answers posted here are based on a very limited amount of information and are given without a conventional consultation. Information posted here should be valued accordingly. We offer free initial consultations that require completion of a questionnaire detailing your situation and a personal one-on-one attorney interview to provide qualified legal advice. The answers posted here might be completely different with more information.

Mark as helpful

1 found this helpful

2 lawyers agree


You may not be able to modify legal decision making, but you will be able to modify parenting time as your ex is no longer able to have the children for fifty percent of the time. In addition, the IRS determines who is entitled to the deductions, regardless of what is in the decree. It sounds like you have a lot on your plate right now and would benefit from advice of counsel.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Mark as helpful

1 found this helpful

2 lawyers agree

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics