can i claim my son when i have custody

Forum|Forum|2 years ago
January 18, 2024
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can my sister claim my son even though i have custody of my son .my cps case has been closed i'v a letter from cps stating that i have the rights that the case has been ruled out n that i can pick up my son anytime but my sister refuses to return my son n she's trying to claim my son as her dependent she claiming all son's benefits .Can i file a report n can i claim my son even though she refuses to return my son

Best answer by Vanessa A

In order to claim your son, he would have had to live with your for more than 6 months out of the year. If he did not, then no, you cannot claim your son. It is possible that your sister would have the right to claim him, if he has lived with her for more than 6 months. The IRS doesn't really look at what CPS says, it goes by the rules below for claiming a child and where the child spent his nights.

The following criteria must be met to claim someone as a qualifying child:

Your child (including adopted and foster children), your sibling, or a descendent of any of them.
Age 18 or younger at the end of the tax year OR under 24 (and younger than you and your spouse) if they are a full-time student
Lived with you for more than 6 months during the tax year
They did not provide more than half of their own support
They did not file a joint return, unless it was to claim a refund

Vanessa AAnswer

The following criteria must be met to claim someone as a qualifying child:

Your child (including adopted and foster children), your sibling, or a descendent of any of them.
Age 18 or younger at the end of the tax year OR under 24 (and younger than you and your spouse) if they are a full-time student
Lived with you for more than 6 months during the tax year
They did not provide more than half of their own support
They did not file a joint return, unless it was to claim a refund

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Jesspuen82Author

yes he was living with me 8 months before she refuses to return my son

Vanessa A

If he lived with you for 8 months in 2023, then yes, you would claim him. She cannot claim him.

If she does file and claim him first, you will need to print and mail your return. When you file you will need to include his SSN if it is rejected due to his SSN being duplicated, this will tell you she already claimed him. Then the IRS will determine who gets to claim him using the Tie Breaker Rules.

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