# Tax returns **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 28, 2008, 2:58pm UTC](https://forum.rosen.com/t/tax-returns/5541 "2008-01-28T14:58:48Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![mal](https://avatars.discourse-cdn.com/v4/letter/m/a698b9/32.png) [@mal](https://forum.rosen.com/u/mal)\ **Post date:** [January 28, 2008, 2:58pm UTC](https://forum.rosen.com/t/tax-returns/5541/1 "2008-01-28T14:58:48Z")
The person/parent with whom the child spends the majority of time gets to claim the child and must sign over this right to enable another to claim the child. You can look at [irs.gov](http://irs.gov) at Pub 501 and find all of the details and stipulations including what happens if there is true joint custody w/ 50/50 split of time. ---
**Author:** ![trbotina](https://avatars.discourse-cdn.com/v4/letter/t/aca169/32.png) [@trbotina](https://forum.rosen.com/u/trbotina)\ **Post date:** [January 29, 2008, 8:20am UTC](https://forum.rosen.com/t/tax-returns/5541/2 "2008-01-29T08:20:42Z")
I have full LEGAL and PHYSICAL custody of my son. I file him on my taxes. I believe it is the physical custody that takes presidence here. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 29, 2008, 7:26pm UTC](https://forum.rosen.com/t/tax-returns/5541/3 "2008-01-29T19:26:26Z")
Generally, the parent who has the children living with them (overnight) for the majority of the year can claim the child on their tax return. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![singlemomof1](https://avatars.discourse-cdn.com/v4/letter/s/5f9b8f/32.png) [@singlemomof1](https://forum.rosen.com/u/singlemomof1)\ **Post date:** [January 28, 2008, 2:51pm UTC](https://forum.rosen.com/t/tax-returns/5541/4 "2008-01-28T14:51:37Z")
Can someone please confirm my thoughts on tax returns. The person who has LEGAL FULL custody of the child is “supposed” to be the one claiming the child on their taxed right?