People who share custody of their children in Pennsylvania must decide how they will handle decisions related to raising their kids. Parenting after divorce can be one of the most challenging aspects of separation.
What do you do if you do not have a current custody order and your child's other parent is not allowing you to see your child? In Berks County, you will need to file a custody complaint as soon as possible. The good news is that once your complaint is filed, you will be scheduled for a custody conference. The bad news is that the conference will be scheduled a couple of months in the future. Are you supposed to simply wait for the conference date to be given time with you child? NO! You are able to file an emergency custody petition in Berks County to ask a custody judge to immediately give you time with your child.
Tax season is approaching and you may be asking how your child custody arrangement affects your taxes. Your custody arrangement may have a very specific impact on whether or not you can claim a child tax credit. The child tax credit allows a parent to claim a credit for each dependent child. But what happens if the child's parents are separated or divorced and are not filing their taxes jointly? Who gets to claim the child in that situation? The IRS says that generally speaking, the parent who has the child for the majority of the overnight time is the one who is eligible for the credit. This would generally be the parent with primary physical custody. But what happens when the parents have 50/50 physical custody? If the child stays with each parent for an equal number of nights then the parent with the lower adjusted gross income is considered the custodial parent and is able to claim the child tax credit. However, please note that even if the custody arrangement is called joint custody, if the parents have an unequal number of overnight visits then the parent will the greater number will be considered the custodial parent for tax purposes. While these are the general rules, the parties can make different arrangements which could be ordered by the court in a marital settlement agreement. While taxes are certainly not a determining factor what deciding on custody arrangements, the tax consequences are something to keep in mind and should be discussed with your attorney.
A client recently came to our office to consult with our experienced Berks County custody attorneys. This father had lost most of his custody rights two years prior and was restricted to seeing his child two nights per month. The client was hoping to be granted permission to take his child on vacation over the summer. Attorney Ebner diligently represented this father and convinced a Berks County custody judge to allow her client to take his child on a five day vacation over the summer with the possibility of a second vacation being permitted. This client looks forward to having his custody time increased in the future.