Relative Claimed My Dependant

[FlyingRon]

I'm sorry, Ldij is right. For some reason I got it in my head that the uncle was the spouse of the mother's sister and not her brother.

 

[MikeMay215]

I am sorry Ron, but that is wrong. A qualifying child can be a son, daughter, grandchild, niece, nephew, or the descends thereof. So, had the child actually lived in the uncle's household for more than six months of the year, and been supported by the uncle, the child could have been the uncle's qualifying child.

In this instance however, the uncle didn't qualify to claim the child as either a qualifying child or a qualifying relative or anything else, because the child only resided in the uncle's home for a couple of weeks of 2019...and then only part time.

Mike, your child is your qualifying child. You meet all of the tests for a qualifying child. Therefore you win under the tiebreaker rules. However, you do have some challenges in proving that you meet all of the tests. On the other hand, the uncle flat out cannot prove anything that the uncle would have to prove, so you should win over the uncle.

Well my main concern is that he will have a good chance at fraudulently convincing that the child lived there most of the year due to the fact that the medical bills come back to that address and the mother may be will to back him up. It appears that way through medical bills

When I said earlier "Birth Certificate and Social Security Card comes back to my address" I meant that it was initially mailed out to my address since she resided there since birth until the last week of 2019.

My main question now is:

Will it come down to proving residency and financial support or will part 2 of the tie breaker about who can claim,

"The parent, if only one of the persons is the child’s parent;"

put me as the one eligible to claim the child since I am the only actual parent in this dispute?

 

[bcr229]

Was there anything in the court records for your custody case that indicate where the child lived and when?

 

[MikeMay215]

Was there anything in the court records for your custody case that indicate where the child lived and when?

On my petition I put Place Child has resided since birth and dates.

6-20-18 to 12-27-19. My Residence
6-20-18 to 12-27-19. Her residence

I did this to have an emergency order granted as they would not give an emergency order if she was not living with the other parent. Also I needed it granted in the mothers jurisdiction due to my jurisdiction still having emergency hearings a month out and they needed six months of residency for jurisdiction.

I know it's a mess , but there were threats to the child's safety and I needed to be in front of a judge asap.

Order finally issued in March, giving me primary with her getting visitation , but that's 2020.

Will the fact that the other person claiming the child is not the parent work in my favor or will it come down to proving residency and financial support?

 

[LdiJ]

On my petition I put Place Child has resided since birth and dates.

6-20-18 to 12-27-19. My Residence
6-20-18 to 12-27-19. Her residence

I did this to have an emergency order granted as they would not give an emergency order if she was not living with the other parent. Also I needed it granted in the mothers jurisdiction due to my jurisdiction still having emergency hearings a month out and they needed six months of residency for jurisdiction.

I know it's a mess , but there were threats to the child's safety and I needed to be in front of a judge asap.

Order finally issued in March, giving me primary with her getting visitation , but that's 2020.

Will the fact that the other person claiming the child is not the parent work in my favor or will it come down to proving residency and financial support?

Its going to come down to proving residency and financial support. Does the uncle live at grandma's house?

 

[MikeMay215]

Yes

 

[LdiJ]

Dad, if you have primary custody now, then I am going to suggest that for future reference you make sure that the child's health insurance is base on the child living with you rather than living at grandma's address.

However, if the child's health insurance was based on mom qualifying for medicaid at grandma's address or was grandma providing the insurance then that's not going to help prove that mom's brother supported the child.