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Level 1
February 23, 2025
Question

Can I claim my grandchildren that I have been granted co-guardianship by the court?

  • February 23, 2025
  • 2 replies
  • 15 views
The children have been added to my Insurance and I provide other support.

    2 replies

    KrisD15
    Level 15
    February 23, 2025

    It would depend on whether they meet the residency test of being in your home more than half the year.

    Please enter the children in the Personal Info section and complete the interview. The program will tell you. 

     

    Qualifying child
    To qualify as a dependent, a child must also pass these tests:
    • Relationship: Be your son, daughter, stepchild, eligible foster child, brother, sister, half-sister or -brother, stepbrother, stepsister, adopted child or the child of one of these
    • Age: Be under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled
    • Residency: Live with you for more than half the year, with some exceptions
    • Support: Get more than half their financial support from you
    • Joint return: Not file as married filing jointly unless only to claim a refund of taxes paid or withheld

     

    Qualifying relative
    A qualifying relative must meet general rules for dependents and pass these tests:
    • Not a qualifying child: Isn't your qualifying child or the qualifying child of any other taxpayer
    • Member of household or relationship: Lives with you all year as a member of your household or is a specific type of relative
    • Gross income: Has gross income under $5,050
    • Support: Gets more than half their financial support from you
     

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    Level 2
    February 23, 2025

    Other posts provide a great summary of the requirements.