Since you have custody then you get to file for him. However, she may be able to file as head of household. Discuss this with an accountant.
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However has custody can file for the child for tax purposes. If the child is in the custody of the state, then neuter can file for the child since the state is providing support for the child. Speak with a CPA. I have reposted the matter under taxation.
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This is a question better posed to your accountant.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
If, by "file for him," you mean claiming him on your tax return, you most likely cannot do so for 2012 as he was not in your custody for the majority of the year. For the 2013 tax year, however, and assuming you comes back into your care in April, and further assuming he stays in your care for the remainder of the year, I think you very likely could claim the child this year. I would nevertheless advise you to consult an accountant on the question for a definitive opinion. If there are any custody/Art. 10 issues, then I would suggest to schedule a follow-up consultation with a Bronx Co. Child Custody lawyer.
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