My Grandson father is a nightmare!

[BAE]

Kunkletown PA.
I have legal custody of my 1 year old grandson and his father doesn't pay child support or do anything for him and when he was buying a little something he would keep everything at his house. He hasn't done anything or offered anything for the child in almost a year. When it was time to do taxes he called and asked me if he could claim him I told him no,and he did anyway. When my husband and I went to do our taxes we found out that my grandson father had already claimed him and we couldn't even though we are the ones supporting him. Than I went and filed for child support here in Pennsylvania and he didn't comply. Now I'm waiting for him to be served in New Jersey. He is constantly calling me wanting to see his son but don't want to pay child support or do anything for him. How can I get him off my back!

1.Do I have to allow him to see his son even though he doesn't pay child support?

2.How can I prevent him from claiming him on his taxes next year and legally can he do this?

3.Now I have found out that he is involved in a gang and I fear my grandson being with him. What can I do?

 

[akm_611]

If he has court ordered visitation, you cannot legally deny the father visitation. However, you can get a temporary restraining order if you have proof that he is involved with gangs but you have to have solid evidence. As for the taxes, if you have custody of the child you should be claiming the child on your taxes, if the child stays with you more than 50% of the year. The childs father could be in serious trouble with the IRS for claiming the child. Of course, this will all depend on what the court order states. If there is no indication as to who claims the child, then it should be you. You should have claimed the child on your taxes. The IRS would have picked up on it and possibly stopped him from claiming the child. It would be wise to contact a lawyer who knows more about your state laws. Some lawyers do not charge for information about state laws.

 

[Grandma B]

The father had no right to claim the child on Federal income taxes unless there was some sort of court order giving him that right (which I seriously doubt). His having claimed the child does not negate your also claiming him. When his SSN pops up in IRS's query about being claimed on two returns, they will investigate and you should be allowed the exemption since you have custody and the child resides with you.

I hope you can prove the gang allegation. The fact that he could be endangering the child would have an impact. You definitely can't deny visitation because of nonpayment of support. That's a totally separate issue in the court's eyes. Good luck to you and the child.

 

[BAE]

MY GRANDSON FATHER IS A NIGHTMARE!

There isn't a court order for visitation or support. I'm waiting for him to be served in New Jersey for child support,but meanwhile he keeps telling me that he's not gonna pay but wants to see his son. I live in Pennsylvania and he lives in NJ. He tells me that I have to bring his son to him to see him because I didn't have to move so far away.I was in the process of buying my home when my daughter got pregnant. It's not my fault they have this child together. Everyday is a nightmare with him. He even calls me the B word on my voicemail!!

And because he claimed him we couldn't use him even though I have the custody papers! I was told to that only one person is intitled to the money and who ever clams him first that's who gets it,but they will do a follow up for next year. That came from IRS.
So I called SS and they told me that even though I have custody they can't keep the natural parents from applying for a duplicate card as long as anyone knows the info required they can get a social security card on any one. So be careful as to who knows your info.

[Edited by BAE on 06-26-2001 at 10:39 AM]

 

[Grandma B]

If he has no court-ordered visitation and is pestering and threatening you, get a restraining order against him.

As for the tax exemption, you could have claimed the child not even being aware that the no-good father had already done so. For that reason, I think the advice you were given was wrong, whether it came from IRS or not. You know, when IRS gives advice over the phone, they are not responsible for the advice being accurate.

 

[LegalBeagle]

If you have already filed your taxes, then file an amendment. If not, then include the child. Forget what these people (IRS) are telling you.

 

[morning_angel]

Re: MY GRANDSON FATHER IS A NIGHTMARE!

...And because he claimed him we couldn't use him even though I have the custody papers! I was told to that only one person is intitled to the money and who ever clams him first that's who gets it,but they will do a follow up for next year. That came from IRS.
So I called SS and they told me that even though I have custody they can't keep the natural parents from applying for a duplicate card as long as anyone knows the info required they can get a social security card on any one. So be careful as to who knows your info.

[Edited by BAE on 06-26-2001 at 10:39 AM]

NO! NO! NO!! That is WRONG!! You have custody, YOU claim the child. The father has no right to claim the child. Like LB said, file an amended tax return ASAP, claiming the child. The IRS (if they catch that 2 different parties have claimed the same child) will ask for proof that you have the right to claim the child. Since the child lives with you, and you support him, the father's claim will be denied.

Good Luck!

 

[BAE]

my response

What kind of proof would I need to prove that he is in a gang? My daugther told me. She said everyone is talking about. and as for the other advice I will check it out.
Thanks!