Can I claim my kids if they are currently in a foster home and last year because of DV with my ex? I'm working on getting them back.

[Vanessa · Accepted solution]

If your kids were in foster care all of last year and did not live with you for more than 6 months you cannot claim them. In order to claim your children, the following would need to apply:

• Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or
• Under age 19 at the end of the year and younger than you (or your spouse if filing jointly), A student under age 24 at the end of the year and younger than you (or your spouse if filing jointly), or Permanently and totally disabled at any time during the year, regardless of age.
• Your child must have lived with you for more than half the year. 
• The child can't have provided more than half of his or her own support for the year.
• The child can't file a joint return for the year.
• You generally can't claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.