topic Divorced in 2023, papers say we each get to claim one child, both children are with me 365 nights/year. Do I just leave the second child completely off my tax return? in Deductions & credits https://ttlc.intuit.com/community/tax-credits-deductions/discussion/divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-nights-year/01/3169764#M304997 He pays child support, but I have full physical custody of both children, and he has supervised visits one weekend per month.&nbsp;&nbsp;The children live with me full time.&nbsp;&nbsp;Just wondering if I include only the one child or include both but don't claim the second credit?&nbsp;&nbsp; Wed, 11 Feb 2026 04:21:11 GMT doublea781 2026-02-11T04:21:11Z Divorced in 2023, papers say we each get to claim one child, both children are with me 365 nights/year. Do I just leave the second child completely off my tax return? https://ttlc.intuit.com/community/tax-credits-deductions/discussion/divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-nights-year/01/3169764#M304997 He pays child support, but I have full physical custody of both children, and he has supervised visits one weekend per month.&nbsp;&nbsp;The children live with me full time.&nbsp;&nbsp;Just wondering if I include only the one child or include both but don't claim the second credit?&nbsp;&nbsp; Wed, 11 Feb 2026 04:21:11 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-nights-year/01/3169764#M304997 doublea781 2026-02-11T04:21:11Z Re: Divorced in 2023, papers say we each get to claim one child, both children are with me 365 ni... https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170064#M305035 <P>Yes, include both of your children. &nbsp;Do not mark one as a dependent. &nbsp;</P> Tue, 06 Feb 2024 15:26:09 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170064#M305035 TomK2023 2024-02-06T15:26:09Z Re: Divorced in 2023, papers say we each get to claim one child, both children are with me 365 ni... https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170129#M305040 <P class="p1">Are you the custodial parent?&nbsp; Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?&nbsp; Did one of you sign a Form 8332?</P> <P class="p1">&nbsp;</P> <P class="p1">If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.&nbsp; The non-custodial parent gets the child tax credit for children under the age of 17.</P> <P class="p1">&nbsp;</P> <P class="p1">As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.</P> <P class="p1">&nbsp;</P> Tue, 06 Feb 2024 15:58:21 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170129#M305040 xmasbaby0 2024-02-06T15:58:21Z Re: Divorced in 2023, papers say we each get to claim one child, both children are with me 365 ni... https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170385#M305064 <P>I am the custodial parent.&nbsp; I have full physical custody, and their dad only has one weekend visit per month, supervised, non overnight.&nbsp; Both children are in my care every single night of the year.&nbsp; It states in our divorce paperwork that he gets to claim one child and I claim the other.&nbsp; I have not signed any tax forms allowing this as of yet.&nbsp;</P><P>&nbsp;</P><P>So from what I've been told so far, I put both chidlren on my tax return but only claim one as a dependent?&nbsp;</P> Tue, 06 Feb 2024 17:29:15 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3170385#M305064 doublea781 2024-02-06T17:29:15Z Re: Divorced in 2023, papers say we each get to claim one child, both children are with me 365 ni... https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3171370#M305184 <P>That is correct. &nbsp;You will put both on your return and only claim one as a dependent. &nbsp;As you go through the questions regarding your kids, you will come to a few questions asking if you have an agreement with anyone else to claim them. &nbsp;This is where you will answer yes and be able to not claim one of them.&nbsp;</P> Tue, 06 Feb 2024 23:38:13 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3171370#M305184 Vanessa A 2024-02-06T23:38:13Z Re: Divorced in 2023, papers say we each get to claim one child, both children are with me 365 ni... https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3177326#M305998 <P>Thank you so very much!</P> Fri, 09 Feb 2024 00:08:28 GMT https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-divorced-in-2023-papers-say-we-each-get-to-claim-one-child-both-children-are-with-me-365-ni/01/3177326#M305998 doublea781 2024-02-09T00:08:28Z