I feel your pain, I am going through a similar situation except my divorce isn’t final. My husband and I have a separation agreement that states I have sole custody of our three children with no specific visitation, he is not coming to see them anyway. From what I have read and was told you have every right to claim your children on your taxes if they are living with you for more than half the year. In order for him to claim them you would have to fill out a waiver that states you waive your right to claim one or all the children and you give him power to do so. As far as him trying to go back to court to ammend the custody order, I don’t know if that would be granted. I truly understand not wanting his girlfriend to raise your children, I don’t want my husband’s girlfriend to raise mine either, let alone go visit them and we are still married. Good luck to you!!!
My divorce was final on 12/13/06. The terms of our separation agreement were incorporated. The agreement stated that he had reasonable visitation. What we have worked out and stuck by for over a year (at his written request) is he gets every other weekend, one evening per week, two weeks per year and time during holidays. I have also ensured that he had any extra time that he requested. He is now angry with me because I file the children on my taxes and is going to take me to court to get “standard visitation” and is demanding rotating holidays. Will a judge give into his demands after I have tried to provide visitation based on his original agreement. I am afraid that he will ask for joint physical custody and my children will be put in daycare or raised by his girlfriend.