jrparas
New Member

Should we claim our nephew who we don't have custody of but lived with us 7 months of the year or his "custodial parent"?

My husband and I took in our nephew in June of 2017.  He resided with his aunt for the first 5 months of the year and she is the custodial "parent" in court terms.  We didn't have custody of him until December but did provide 100% of his care/expenses from May 27th until now.  We planned to claim him on our taxes for 2017 but his aunt is telling me that she gets to claim him because she has custody.  I have explained that since he was with us more than half the year that she is not correct.  She had to use form 8832 with her ex husband but this isn't the same situation and she seems to think it is.  I'm not sure who is right here and I really don't want to get our return caught in a mess.  She basically just wants the money and we know this but we are trying to do the right legal thing here.