Claiming child

Forum|Forum|1 year ago
January 7, 2025
1 reply
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My son has lived with his dad for 4yrs, he has custody of him but my son.moved back in with me last year in july and doesn't plan on going back (hes 16), my question is, can his dad still claim him on his taxes? Or can I since he lives with me now.

Not A Product Question

xmasbaby0

Employee

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**