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Legal guardian vs biological parent dependent

paintergirl38 — Sat, 01 Mar 2025 17:38:21 GMT

My children lived with a legal guardian 190 days and after going through the courts and gaining custody of my children back they resided with me the rest of the year am I able to claim them as dependents this year or or does the legal guardian still have the right to claim them?

Re: Legal guardian vs biological parent dependent

MaryK4 — Sat, 01 Mar 2025 17:47:31 GMT

Because they did not live with you more than half of the year and you are not in a noncustodial parent situation, you would not be able to claim your children as dependents.

Re: Legal guardian vs biological parent dependent

xmasbaby0 — Sat, 01 Mar 2025 18:27:23 GMT

The "custodial parent" is the parent with whom the child lived for at least 183 nights. You say the child was with the guardian for 190 nights, so you did not have the child for half the year. Hoping for 2025 to be a better year for your family.