May I claim a grandchild whose parents do not support?

Forum|Forum|7 years ago
June 7, 2019
4 replies
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I have had my grandchild for last year while their parents moved to another state and have not paid any support. But they maybe planning on claiming child to get a refund. But I have been supporting her and raising her without legal custody. They do not speak to us.

Best answer by Howard1948

To be a dependent, a minor child must have lived with the taxpayer more than 1/2 the year. This makes your grandchild your dependent, not the parents' dependent.

If you file first, all will be good.

If they file first and claim her, you should claim her on your return and file by mail (do not efile). The IRS will then sort it out as to who is entitled to the dependent. You should win.

As the child is your grandchild, you do not need any "legal custody" for any of this.

Howard1948Answer

Level 7

To be a dependent, a minor child must have lived with the taxpayer more than 1/2 the year. This makes your grandchild your dependent, not the parents' dependent.

If you file first, all will be good.

If they file first and claim her, you should claim her on your return and file by mail (do not efile). The IRS will then sort it out as to who is entitled to the dependent. You should win.

As the child is your grandchild, you do not need any "legal custody" for any of this.

johnniebc1Author

Level 2

She has lived with me over 1 year. Her parents moved to another state. Never paid any support. But I have heard they plan to claim her and do it right away so they can file first and get refund. I have all school records, I pay for a private school, and all her extra studies, sports and all living exspense. They have not contributed any monies toward her support in any way. I will make sure to file and mail it in, I don't mind waiting, but they feel just because they are her legal parents they have the right, as they wont give me legal custody but dont want her to live with them.They are using the advantages of earned income credit, child tax credit etc, things our income level does not allow, but I could use the deduction but do not want to get into trouble with IRS.

20tree

Level 2

Hopefully you have custody by now because the parents do not need to give you custody of the child the judge needs to. Please please go to the court house and file the papers!!

torismom0814

Level 2

If you have physical custody you are entitled to claim her. They will ask n if she was with you all year and also if you or someone else supported her since you did you are entitled to that tax benefit and if the parents attempt to claim her it is fraud. You have all your proof she is with you.

Jeangma

Level 2

What if the childen lived all year at grandparents house and mother lived there to but did not support them

DebAllen57

Level 2

My granddaughter has lived with me for the pas year, I have been her sole support. I claimed her on my taxes which I filed by e-file . I just learned that my daughter who has legal custody of her but has not contributed to her support also claimed her & filed before me. Will her claim take presidence over mine ?

JohnB5677

Level 15

Not necessarily. I suggest that you gather anything that will prove that you did support her and that she lived in your home.

You and your daughter will shortly receive a letter from the IRS . There will be questions regarding the status of your granddaughter. Answer them accurately and return the completed forms.

It may be to your advantage to bring them to a local IRS office Find a local IRS office. They may be able to give you guidance and forward it to the main office.

@DebAllen57

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