Head of household question

Hi,

 

I am divorced and I have shared custody of my daughter with my ex-wife. Our daughter spends more time with me, and I am paying for most of her expenses, so we have an agreement with my ex-wife and I claim our daughter as my dependent. I have also been filing as Head of Household.

 

Now I am in a relationship, and I have a son with a new partner. My partner's income is higher than mine but we are not married so we file taxes separately (we live together, we have a kid together, and we own a house together). We share household expenses. 

 

My question is: Can I still file as Head of Household? Could we both file as Head of Household since we are not married, and in that case I claim my daughter as a dependent, and my partner claims our son as a dependent?

 

Please let me know if more information is needed in order to get an answer.

 

Thank you!