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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My Sons father is all of a sudden demanding I tell him everytime

Customer Question

My Son's father is all of a sudden demanding I tell him everytime I go out of town on my days with my child and that I have to tell him who is watching my child while I am paying softball. I take extremwely good care of my Son and always have a competant person watching him while I am on the field. he has never cared or asked before but now that we are fighting he is demnading he know and he is not approving of it. Do I have to tell him or tell hinm who is watching my child?? (I told him but he dis-approved becuase he doesn't know the babysitter)

I don't allow him to take my Son to any games or work becuase he doens't take care of him and he has people that shouldn't be watching him, wathcing him. I ust don't want him to turn around and not tell me if he does.

I have 96% custody. Do I have to tell him or go into detail? I am a very mature, responsible Mom.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Your ex is being a control freak and clearly has some problems going on. This is a control issue, not a child care issue. Under CA law, unless you have been SPECIFICALLY ordered by the court to provide all of this information to him---and I have never, ever seen such an order---then you don;t have to tell him a single thing---and you should not, as you are playing into his control game and it will eventually escalate to something more.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 4 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

So he also doesn't have to tell me anything regarding my Son's care on his 4% visatation time either then?

 

Thank you.

Expert:  LawTalk replied 2 years ago.
That is correct---he needs to tell you nothing under the law, I'm afraid.

Doug
Customer: replied 2 years ago.
He is also demanding to claim our Son every other year (Just becuase he's his Dad) but I have 96% custody and I do all the work. Do I by law, have the right to claim my Son every year or does he have the right to claim him every other year. We have never been married.
Expert:  LawTalk replied 2 years ago.
Good afternoon,

If you are talking about on your tax return, Unless there is a court Order granting your ex the right to the deduction every other year the IRS requires that in order to claim your son, he must reside with you more than half the year---which would make it illegal for your ex to claim him, without an order of the court.

Doug
Customer: replied 2 years ago.

Ok, IF he was to take me to court (which is what he's threatening me to do) do judges normally give the non-custodial parent tax return claming every other year? Could he win, being the parent that has less then 20% custody and the child lives with me full time?

Expert:  LawTalk replied 2 years ago.
Good afternoon,

As a general rule, if it was not agreed on between the two of you and entered in the Order of the court, it can't be done. The court only has the ability to order it if it is agreed to by the parties---so no, he can not get the court to do it now if you do not agree. The IRS rules trump the court's power in this case.

Please remember that the Terms of Service of JustAnswer specify that each customer ask one question in each question thread. I would respectfully XXXXX XXXXX you open a new question thread if you have additional new questions to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,



Doug
Customer: replied 2 years ago.
Is it a smart move to voluntarily meet with a mediator in my case or is it a bad move...would i be legally bohd to do what the mediator suggested if I voluntarily seek a mediators opinion. ? Thank you.
Expert:  LawTalk replied 2 years ago.

Good afternoon,

With all respect intended, this is an entirely new and different question---quite different than the one you have already asked, and which I have fully answered.

While I would be pleased to continue to assist you, please know that the Terms of Service of JustAnswer specify that each customer ask one question in each question thread.

However, your payment offer on this question does not entitle you to unlimited time with me, asking as many questions as you have need. Again, I am more than willing to assist you, and my legal experience is commensurate with your need, but because I help people here, like you, for a living---this is not a hobby for me, and I simply cannot continue to assist you to the detriment of my ability to help others and at the same time earn a living. I hope that you understand.

I would respectfully XXXXX XXXXX you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

Thank you in advance.

Doug

Customer: replied 2 years ago.
I apologize, I'm confused my the REPLY TO EXPERT BUTTON! :)
Expert:  LawTalk replied 2 years ago.
Just because a reply button is there does not mean that you may ask an entirely new question. This thread will in theory be open for the next 10 years, and the reply button may always be there. That does not mean that I am obligated to answer every new question you might have in the next 10 years.

You will need to ask a new question in a new question thread.

Thanks for understanding.

Doug

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