He's been with me since June 08 Got legal custody from his dad(medical neglect) diabetic.Can I file him what will happen if dad tries.I will file my taxes before him I am sure.We live in Va.
TheHumanToe
You can file your grandson as your dependent, absolutely. If his dad lost custody, then I don't think he can claim him as a dependent unless he has been court-ordered to pay child support.
inwardbound
wow, this is a hard one..whomever had your grandson for more of the year, should be the one who gets to file! BUT if the father is understandable maybe he'll let you claim his child; even though, he had him most of the year!
Great, that you are now his legal guardian being, you are the better parent for him! most grandparents are, believe me I know this from experience...
but by law, whomever the child lived with the majority of the year!
hrblock.laura
The dad does not have the right to claim the child unless the child lived with him for more than 6 months.
If he tries to claim him and you have already claimed him, his return will be rejected by the IRS.
If he claims him first your return will be rejected. Then you will file a mail in return with the child. At that point the IRS will question each party to see who has the higher right to claim the child. This process could take months.
Laura H - H&R Block - Senior Tax Advisor 5
**This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided.
Audrey J
Check out the EIC form @ www.irs.gov/pub/irs-pdf/f1040sei.pdf
hrblocklee
If you have legal custody of your grandson, and he has lived with you over six months of the year assuming the other requirements are meet (citizenship, earned income, under 19 or under 24 and a full time student), then you qualify to claim him. The key here is the length of time your grandson lived with you, if he did not live with either parent over half the year, then under the tie-breaker rules you would prevail.
http://www.irs.gov/publications/p501/index.html
Lee
This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to learn more
src50
You don't need to "race" to file your return. If you can legitimately claim an exemption for your grandson, just file a hardcopy (paper) return doing so. If his father also claims him, the IRS will require both parties to justify their claims.
Orignal From: Who can file my grandson as a dependent?
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