My ex and I have joint legal custody. In 2005 I gave him primary physical custody so he could spend his time raising our daughter. He put her through school and paid for all of her expenses, so I gratefully gave him all the income tax for every year he had her.
We decided on no child support because we both have her equal amounts of time; I have her every day she is not in school. Last year she moved in with me but I did not have the paperwork changed to show that I had primary physical custody. Since I had her in school I paid all her expenses and asked him for no child support.
Now that it is income tax season I told him I was going to file her on mine since I had physical custody and he paid no child support. He says that because I did not change the paperwork it is illegal for me to claim her. I say I should get the income tax and that he gave up his primary physical custody when she moved in with me. Who is right?