Panhandle, TX Divorce Law Firms & Lawyers

If the decree of divorce does not contain any restrictions involving overnight parent time, and if you have been residing with your boyfriend for 11 months (and presumably having the children with you on an overnight basis), it would be unusual for the court include such a restriction now, unless there are other concerns about your boyfriend such as abuse of the children.

This is a case where federal law dictates the answer.  Under the Internal Revenue Code, the parent who is the primary custodian gets to claim the children.  Sometimes in divorce cases we make provisions regarding who gets to claim them, but the federal government doesn't care one bit about what a State court rules. So, to answer your question, it sounds like you get to claim them under federal law.  You may, because you are a nice person, allow her to claim them, but that is solely your decision.  If you both claim both children, then ultimately, when the IRS flags your returns, you sir would win the battle.  At least that is my understanding of how that works. Good luck.

With respect to property matters, you and she are locked into whatever terms are in the court orders. I suggest you hire a lawyer to review the orders and provide you with a more detailed response.