New husband claiming children

[Wturner06]

I am set to be married next June. Following our marriage, I would like to have my new husband claim my 2 children as his dependents on his income tax return. Their biological  fathers do not claim my children on their income taxes. My children are 13 and 8 and I am the only person who has ever claimed  them on tax returns. After we are married, is it allowable that my new husband be able to claim my children as dependents on his tax return? Also, legally do we have to have paperwork stating he can do so or can we just file it ourselves when we do our regular taxes on TurboTax?

[JandKit]

Hi Wturner06,

Thank you for this question. Upon your married, the children become their step-dad. As long as the children remain in the home thru out the year and he provides a home and proper support, he has met the requirements. Absent an agreement, the non-custodial parent would not be an issue for tax purposes