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Asking this as a favor for someone...can you claim your child even though they've lived with you and you don't have any type of custody of them? what if the other parent who does have custody is trying to claim also but that child has not lived with them that year. (only visted) who gets to claim?

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shay1130

Asked by shay1130 at 7:07 PM on Feb. 17, 2011 in General Parenting

Level 27 (32,809 Credits)
Answers (8)
  • As far as I know, YOU get the claim. But, if the other guardian is claiming, then you both will be audited. You need to call the other parent and agree on who claims.
    You can call the IRS to get specifics.
    ImaginationMama

    Answer by ImaginationMama at 7:09 PM on Feb. 17, 2011

  • Custodial parent gets to claim, that is the law.
    Spicelynn

    Answer by Spicelynn at 7:09 PM on Feb. 17, 2011

  • Id have the friend ask her local family court. I would think whoever the child lived with, but without a custody order I don't know the legalities of it.
    jamesonjustines

    Answer by jamesonjustines at 7:10 PM on Feb. 17, 2011

  • This happened to my parents when I moved back with my mom. My dad had custody but I was living with mom. They both claimed me they both got a letter. Because my dad had custody he got to claim me.
    luvmygrlz

    Answer by luvmygrlz at 7:14 PM on Feb. 17, 2011

  • Whoever the child has lived with the majority of the year. (more than six months) As far as I know that's how it goes but since the other has custody you'll probably need proof, such as school records. Then again I would call the IRS or a tax office to find out for sure.
    MamaStuart

    Answer by MamaStuart at 7:22 PM on Feb. 17, 2011

  • No, not nessicerily true that the custodial parent gets to claim. It all depends on your state. Court order in divorce and so on. For me, the judge told us to work it out between us. We verbally agreed to alternate claiming, then he renigged. Last year my son lived with his dad and in December my son came back to live with me. I am claiming him. So, like I said it all depends on specifics.
    LisaAnn069

    Answer by LisaAnn069 at 11:18 PM on Feb. 17, 2011

  • Claiming is NOT based on who has custody. It is based on who provides more then half of a child's support. If you do, then you get to claim the child. Here is a GREAT link for you to read. It comes complete with a video lol.

    http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-Is-A-Dependent-/GEN12426.html
    CalebsMommy0220

    Answer by CalebsMommy0220 at 3:09 AM on Feb. 18, 2011

  • calebsmom..thats what i thought..and thats what i told this person but they don't believe me.
    shay1130

    Comment by shay1130 (original poster) at 8:30 AM on Feb. 18, 2011

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