my son has 2 children, the mother left the oldest with him and the other child with the mother's grandmother. The mother moved to Alaska. Son sent child support (not court ordered) weekly to the grandmother for that child. Mother sent nothing to either child while in Alaska for 5 years. Son and the mother's grandmother went to court, son has domicile parent of the child that lives with him (sharing joint custody with the mom) and the grandmother had domicile parent of the other child (joint custody with son and the mom).
The grandmother died, son has both children now. However, the mother has moved back to Louisiana. Someone has told us that he has "domicile parent by default" over the other child.
Question #1: is there such a thing as domicle parent by default?
Son claimed both children on his income tax. Mother has been here since April 2005. She wanted to claim one child and him claim one child. She was supposed to talk to him about this but did not so when she filed claiming one child, her form was rejected. Now she is going to talk to an attorney about this. The problem here is that both children lived with me and my husband for the year 2005, but we chose not to claim them so he could.
Questions #2: what kind of legal trouble can come of him filing with the kids since they didn't live with him, but my husband and I were not going to claim them.
Thank you for any help you can give me in this. It is a terrible situation between my son and his ex - wife.