No. You are not allowed to use your judgement to file taxes. You must file your taxes based on tax law. In order to file as HOH, the child must live with you for 183 nights or more. So, you are technically short by 9 days. This means, her other parent would have the right to claim her for HOH, if she spent the rest of the year with him.
To file as Head of Household, you MUST have done ALL of the following:
- Pay for more than half of the expenses for a qualifying household
- Be considered unmarried on the last day of the tax year
- Have a qualifying child or dependent
Even with the signed 8332, this only gives you limited rights and that is to claim the Child Tax Credit. You cannot claim the EITC or Head of Household.
Tax Info for NonCustodial Parent
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