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Immediate answer please! He has an outstanding warrant for his arrest

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  • Immediate answer please! He has an outstanding warrant for his arrest

    Can my ex file for custody if he has an outstanding warrant for his arrest? We live in Ohio. We were never married. The only reason he is wanting to file is because i wouldnt let him claim our daughter on taxes.

  • #2
    Re: Immediate answer please! He has an outstanding warrant for his arrest

    Originally posted by mikwheezy View Post
    Can my ex file for custody if he has an outstanding warrant for his arrest? We live in Ohio. We were never married. The only reason he is wanting to file is because i wouldnt let him claim our daughter on taxes.
    Can he? Sure he can. But with the outstanding arrest warrant, it's unlikely he could get custody - at least not until he deals with his legal issues. The court is unlikely to award custody to a parent who won't be present to take custody of their child.

    Of course he's trying to say he wants to have custody because you won't allow him to claim the child on the tax return. Many NCPs do that as a way to try to bully the CP into giving in - with tax credits, or visitation, or especially having to pay for child support. They figure that they would be able to do what they want if the child would only be allowed to live with them. The problem with that is that the NCP isn't asking for it because it would be in the child's best interest, they are asking because it would be in THEIR best interest. It's a scare tactic, pure and simple, and one that you shouldn't even bother entertaining.

    By tax laws, the parent with whom the child resides the majority of the time is the one who gets to claim them for tax purposes, unless a court order says otherwise. Anything else would be tax fraud.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Immediate answer please! He has an outstanding warrant for his arrest

      Tell him you and the Deputy Sheriff on duty will see him in court.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Re: Immediate answer please! He has an outstanding warrant for his arrest

        Originally posted by mikwheezy View Post
        Can my ex file for custody if he has an outstanding warrant for his arrest? We live in Ohio. We were never married. The only reason he is wanting to file is because i wouldnt let him claim our daughter on taxes.
        Filing for custody for pecuniary interests is a ploy that can be seen through, usually in short order.

        Let him file, encourage him to file. When he shows up for court a sheriff's deputy should be there to meet him. Surely you can arrange that.

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