My ex got me pregnant and left. My current boyfriend has been there since I was 5months pregnant and at birth. My ex came hours after I gave birth and signed the birth certificate when I was sleeping, and my SO was at work. My ex feels like he should carry my baby and me because his name is on the birth certificate. I haven’t heard from him since the birth of the baby. I told him my boyfriend has already claimed the baby and me on his taxes. My ex is now mad, saying I had no right because my boyfriend’s name isn’t on the birth certificate.
So what, just cuz your name is on a piece of paper don’t make him a dad, maybe he should try and be a parent first
Isn’t it whoever the child lives with 6 months or more can claim them? I would suggest getting a parenting plan in place discussing visitation etc.
By law the child has to live with you most of the time to claim them. If you have physical custody then you file.
he’s suppose to have the baby for a total of 6 months out the year to even be able to claim …
He wants the money. Not the baby.
You’re SO has every right to claim you and the baby. Because he takes care of you guys. Period. Let him be mad.
Eh if he hasn’t been there physically or financially then definitely.
So? Lol he can be mad all he wants you cant abandon your kids and only show up when its tax season. That’s disgusting! Let him be mad.
Whoever the child lives with for the majority of the year (6 months usually it more), that person claims the child.
He doesn’t want the child, he wants the money
If your boyfriend supports you and the baby. He has the right to the claim
I highly recommend getting a lawyer.
First off, even if he had a parental agreement, yall would have to take turns claiming the baby.
So why would he expect to just get to claim the baby this year?
The courts determined that for me and my ex. He gets odd years, I get even. We also share joint custody. I’d get yourself a court date. If he wants to claim the child on his taxes, he should also be paying child support. Get yourself set up!
You do have a right, because your ex doesn’t have custody. Tell him to fuck off.
he signed it while you were asleep? i’d be so livid
Depends on laws in your state if you are not together and child resides with you you would have to fill out paperwork for him to file. You need to get a child support/care agreement and file w the court
He has no right to claim if the child wasn’t in his household for 6 months plus…
Lol wow sounds like your ex is a piece of work and really anticipated money. If he hasn’t been there nor helped with anything he can’t claim him or you. He can be mad all he wants just ignore him def not worth it just because his name is on the birth certificate doesn’t mean he’s stepped up for you guys.
Who ever provides over 50% for that child should claim him or her
He shouldn’t even be able to claim the baby cuz he hasn’t helped support you or the child and neither of you live with him. If he tries to file a dispute make sure you have proof that he hasn’t supported the baby and he doesn’t live with him. Also to prevent things like this in the future file for full custody or joint custody.
In the state of Ga you can claim as long as you have a child for 6 months in your care. My husband has been claiming my oldest son and myself along with our daughter for years. Before we got together my ex tried to claim my son because he was paying child support. He ended up having to pay back the refund and i claimed him instead. Unless there is a court order where y’all trade out years then legally he can’t claim the baby. but each state law is different.
Your ex doesnt have a right to anything in my opinion. Go file a parenting plan.
I’d take him for child support🤷🏽♀️ if he wants to try to claim his child so badly, then he can learn what it’s like to actually support them financially speaking. What a disgusting individual. Lol popping up when it’s tax season acting like he has a right to claim…like, no. You thought.
Without a social severity number and all he can’t claim Him so just go ahead and do what is best for you. There isn’t any custody papers or anything.
if he hasn’t done anything whatsoever to help with you and the baby financially then he has no say so in what you do with your taxes
I think it’s weird they let him sign papers without your consent and since he wasn’t there for the birth?
Lol just ignore him the child lives with you therefore you get to choose who claims you and the baby until a court order states otherwise its none of his damn business 🤷
The birth certificate paperwork needs to be signed in front of a witness. Something is sketchy here.
Don’t matter who’s name is on the birth certificate what matters is who supported the baby
Let him be mad. The child lives with you at 6 months of the year unless agreed other wise that parent claims. He can suck it up
He has no right to claim the child as he does not live with, care for, or clearly want to be in the child’s life since he hasnt been around since the baby was born. He’s only in it for the money. Your boyfriend had every right to claim you and the child as y’all live together and he takes care of you both. Let baby daddy be mad about the situation he put himself in. Just ignore his stupidity and carry on with your life.
Whomever financially supports the baby and you 6 months or more outta the year legally gets to claim you both on taxes.
Unless you signed something stating he can claim the kid or there’s a court order stating it…he’s got no right to do so unless you allow him to out ofvthe goodness of your heart
Whoever actually has physical possession of said child and no order can claim him.
He needs to have lived with the baby for at least 6 months AND provided more than half of the support. Let him be mad, he will get over it.
If it got signed while you were asleep I would have asked for a new form . The hospital shouldnt have accepted it from him while you were asleep how do they know he wasnt just some random dude off the street
Your ex cant claim the child without a form being filled out by you. Claim automatically goes to whoever supported/lived with the child the majority of the year.
In saying that, your ex can request the right to claim the child and likely get every other year ordered by the court and you would have to sign the right to claim the child over for those years. Whether he was there or not isnt relevant. If hes the childs father, and ever decides to step up and pay support, itll be his right so just be prepared for that
Wait he wanted to put you as a dependent on his taxes too? What kind of crack is he smoking?
He can’t legally claim the child because the child did not live with him for 6 months of the year. your SO has every right to claim the child.
The birth certificate has to be signed by both parties in front of a witness , I can’t imagine he could walk into the room and just sign and nobody notice
Where I live, A child has to live with you for at least 6 months or more of a year to be claimed by someone on taxes or written permission by the parent for whom the child resides with. Unless otherwise stated by the courts. So baby lives with you and your boyfriend and cared for by you and your boyfriend and you didn’t give permission for the baby daddy to claim then he cant do or say anything.
Birth certificate is not grounds to be the only eligible person to claim you two… or it’d be required by the government… tell him to kindly f’ off and to your current partner?? A big for being the man you and your little one needed
Even if you were married, your current can’t claim your or your baby. You could file jointly, but you would claim the baby… or You would file for yourself and claim your baby. I’m pretty sure it could be considered fraud if your boyfriend claims you child.
Get a custody agreement. You both can claim, just rotate years.
Tell him when he provides child support for the time he’s been gone and if not you’ll take legal action that he’s trying to claim his son that he hasn’t paid a dime for.
Thats like a mother that isnt around saying they have the right to claim the child just cuz theyre on the birth certificate. Goes both ways. Your boyfriend has every right to claim you and your son if you gave him permission to since hes been there for you guys. If your ex tries to claim your child regardless, he’ll get in trouble. I wouldnt stress about it (:
It doesn’t matter if is on the birth certificate, it is for who SUPPORTS the child more than 6 months and 1 day of the year. That being said, I don’t think your boyfriend can claim the baby… you would have to.
There’s a lot about this post that has so much grey area. Your advice seeking should be directed towards a lawyer not a Facebook page. States all vary on laws regarding this. In some states, your boyfriend could be prosecuted as he’s not legally the father. (it could be considered tax fraud) so I would be careful with this post as well as what you do next. Some states require a court order with custody agreement which typically includes this matter. Other states simply go off which parent has the child more than 50 percent of the time. There’s too many varying things here… just my advice.
You haven’t even seen him since the birth? Has he provided anything at all?
He has no child support receipts, no court ordered visitation and has no contact with the child. He doesnt have the child’s SSN right? Until he legally claims the child in Family Court a name on a birth certificate means NOTHING ! Girl go about your life and pay him no mind
He can only technically claim him if the baby lives with him 6 months out of the year or there is a custody agreement stating you guys can alternate who claims the baby he also needs to provide more then half the support. You will be fine especially if he doesn’t have the child’s social security number. Please do not give it to him. You have every right.
The law is you claim the child if you lived with that child 12 months of the year
Your current boyfriend has every right seeing as how he has been your babies provider since birth.
He can be mad all he wants. He stepped out of the picture. Talk to a lawyer to be sure though
He doesn’t have a right to claim anyway. Even if there was a court order and both of you were audited for it the IRS doesn’t care about court orders, they care about who the child lives with. And how messed up is it that he could do that! Where I live there has to be an afidavit signed for non married parents to be on the birth certificate. It’s his problem… deadbeat dad are only the dad during tax time pffft.
Let him claim the baby every other year IF he pays child support.
Who cares if he’s mad ?
Oh well 🤷 if he wants to do something about it, he can take you to court. Until then, move along with your life
It’s not who’s name is on the birth certificate. When claiming the child it asks how many months child lived with you.
Legally he has same right as you. Your claim would stand over his because you are caring for her. since he signed the birth certificate .
Lol. The child has to live with you and you provide for them at least half of the year before you can claim them. If he hasn’t even seen the child sense birth, he cannot legally claim him.
First off you claim the kids but I’m pretty sure it’s illegal for your boyfriend to claim them, I heard that you have to be married for at least a year to be able to claim your stepkids. But I’d be careful with that and if sperm donor hasnt been around or supplying anything then yes absolutely you claim that baby!
He doesn’t have a foot to stand on! You can’t decide you want to claim your child because it tax time, then leave their life… Tell him to mind his business and to be thankful he didn’t file him as he might have put himself on child support if he did
My question is why would you not file your own taxes? I wouldn’t let someone I wasn’t married to claim me or my child. Seriously, I would never allow any man to have financial control over me.
It’s whoever supports the baby. If that’s you and the boyfriend then you claim
Well that’s tax fraud if you and baby don’t live with him for 6 months out of the year.
and with joint custody its usually every other year unless discussed amongst each other like with me my daughters dad let’s me and my husband claim her because he claims his wife and her three children but we also help each other out when it comes to our daughter and have never had problems when its came to taxes even before I was with my husband.
Don’t even worry about your BD he obviously doesn’t know tax law. It could help with custody and visitation though but it seems he only cares about the tax deduction
He can’t claim your baby what an idiot. It’s who that baby has lived with for the year or since birth.
Tell him he doesn’t just get the tax break lol.
Legally it’s whoever takes care of and has custody of the child more than 6 months of the year. Doesn’t matter who’s on the birth certificate… y’all got this. His issue is his own…
Does your ex pay child support? If not tell him to go fuck himself
Wow, talk about balls, he hasn’t supported the kid but wants to claim him, hit him up for child support.
And to be honest I would have some words with a hospital that just let anyone in the room and sign a birth certificate without your knowledge and call it valid. That makes zero sense
Just fyi…even with a court order. Who ever claims first gets the deduction. It happened to us. We couldn’t get it back even with the court paperwork.
As long as you’re able to prove that bio doesn’t support the child at all and that your bf does you should be fine
If you file first he cant
In minnesota, regardless of if the father signs the birth certificate and/or recognition of parentage, he still has to go to court for rights. - if he has no rights, its optional on your part to let him claim the baby or not. shouldn’t have been a douche bag.
Dont let him claim if all he does is child support. Child support hearing will dictate who claims and if shared. If the kiddo isnt with him over 50% of the year, he has no grounds. If your boyfriend provided support to you and your child exceeding 50%, he can claim you 2 with your permission
Yo my ex just ask to claim our son every other year. I laughed in his face SO HARD i didnt mean to, it just happened our son hust turned 7, he sees him 3-4 times a year (that started when he was 4) and hes paid me 7 weeks worth of child support bc they garnished his wages. Like you cant even keep a job to make enough to claim taxes on yourself
Um… It’s illegal for him to claim the baby if that baby isn’t with him at least half the year.
Unless he’s paying child support (even then you could fight him claiming) he doesn’t have any rights to claim the baby.
No hospital will allow someone to sign a. Birth certificate while you’re asleep . The hospital administrative person who first came to my room when my husband wasn’t there said she would come back until both were present to sign if that was my wish
That has nothing to do with it. He doesn’t support you or the baby.
Whoever supports the child for over six months of the year legally claims the child. I went through this with my ex husband and he got audited because he attempted to claim my daughter and I had to file an amended return to claim her
He sure has a lot of audacity! Wow
You have to have the child in your care at least half the year to even qualify to claim them
I don’t understand what the question is or what the advice needed it is. You’ve already answered yourself. I mean it’s stupid to let anyone dating claim you on taxes if you aren’t married. But I don’t think you did the wrong thing
Who the fuck does he think he is…better find someone else kid …he missed that boat
It doesn’t matter who’s on that birth certificate and it doesn’t matter if he’s been taking care of that baby or not. It’s whoever the baby lives with 6 months or longer.
He signed the birth certificate while you were sleeping? With all 3 of my children the registrar brought the birth certificate to me & it was signed in front of her. I wouldn’t have signed the birth certificate & requested another copy.
No he can’t claim your child. The child doesn’t live with him. He’s not taking care of him. You, the sole custodian have not given him permission. Your boyfriend can claim him of he’s living in the same house & he’s financially supporting him with your permission. The name on the birth certificate means nothing as far as taxes.
The child and you were not being supported by him, therefore he has no right to claim either of you.
For him to have a legal right to claim the baby he’d have to have had placement for 50% of the year. He has 0 right to claim you.
Your bf has to have blood relation to the child or be married to you to claim your child. No exceptions. I JUST spoke with the IRS regarding this.
Nopeee im claiming my daughter even tho her father is in her life
Just because he signed the BC, doesn’t give him the right to claim on taxes, especially if he is not supporting said child more than 60% financially or physically
I don’t think it matters who’s name is on the birth certificate. If he hasn’t been the sole provider for the baby then he has no right to claim him.
What kind of hospital allows that signing bs?
Okay so, whoever has the child 51% of the year claims him. The person that claims second if both claim child may receive letter in mail stating multiple people claimed same child
As long as he doesnt have the babies social, you have nothing to worry about.
So the hospital let some strange man come sign the bc while you were asleep & your boyfriend (who’d they’d probably just assume was the dad) wasn’t there?
So people just walk into hospitals & sign birth certificates now?
That’s just doesn’t sound right.
& frankly who cares if he’s mad. Legally, if the child hasn’t spent more then half the year in his care, he’s not supposed to claim him.
I wouldn’t of let my boyfriend claim him either tho. 🤷
why aren’t you claiming her yourself? Do you work? if your ex is paying support you should switch off year, you claim the baby one year and then he does the next year.