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Level 2
March 15, 2026
Solved

Grandparent claiming noncustodial parent who has form 8332

  • March 15, 2026
  • 2 replies
  • 153 views

My daughter lives with me and has 2 children with us 6 months of the year. The father of the children who has almost no income has signed form 8332 to allow her to claim the children on her taxes. However, since I provide way more than half of the household expenses, I have already filed as head of household and have claimed my daughter. Per Turbotax, my daughter cannot refile and claim her children. Can I refile and claim her children if I attach form 8332 to my taxes, since I claim my daughter?

    Best answer by xmasbaby0

    Form 8332 has nothing to do with claiming your grandchildren.   That is a signed agreement that is used only between divorced or never married parents who share custody.    You are not divorced from the children's father, nor are you a "couple" who share custody.    

     

    If the children and their mother live with you former than half the year (over 183 nights) and you are providing over half their support, you can claim them as dependents on your own tax return.   If your daughter is claimed as a dependent she cannot claim dependents of her own.

     

     

     

    IRS interview to help determine who can be claimed:

    https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

     

      

    WHO CAN I CLAIM AS A DEPENDENT?

     

    You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2025 taxes as long as they meet the following requirements:

    Qualifying child

    • They're related to you.
    • They aren't claimed as a dependent by someone else.
    • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
    • They aren’t filing a joint return with their spouse.
    • They're under the age of 19 (or 24 for full-time students).

    2 replies

    xmasbaby0Level 15Answer
    Level 15
    March 15, 2026

    Form 8332 has nothing to do with claiming your grandchildren.   That is a signed agreement that is used only between divorced or never married parents who share custody.    You are not divorced from the children's father, nor are you a "couple" who share custody.    

     

    If the children and their mother live with you former than half the year (over 183 nights) and you are providing over half their support, you can claim them as dependents on your own tax return.   If your daughter is claimed as a dependent she cannot claim dependents of her own.

     

     

     

    IRS interview to help determine who can be claimed:

    https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

     

      

    WHO CAN I CLAIM AS A DEPENDENT?

     

    You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2025 taxes as long as they meet the following requirements:

    Qualifying child

    • They're related to you.
    • They aren't claimed as a dependent by someone else.
    • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
    • They aren’t filing a joint return with their spouse.
    • They're under the age of 19 (or 24 for full-time students).
    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    jmhart49Author
    Level 2
    March 18, 2026

    Resolved that one.

    Thank you.