My daughter was born in June but removed from my care when she was 3 months. She turned 6 months at the end of the year so she did not live with anyone for half a year so who should claim her me or foster mom
Neither of you can claim your daughter because she did not live with either of you for more than half a year.
Below are the requirements to claim your daughter as a dependent (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).
- No age limit for permanently and totally disabled children.
- They lived with you for more than half the year (exceptions apply).
- They didn't provide more than half of their own support for the year.
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It is not required for a child to live with you for "half a year" to be eligible to claim the child as your dependent. The tax code makes a special case of children born within a tax year. To claim your daughter as your dependent she must have lived with you for longer than she lived in foster care. It will be considered that she lived with you from the day she was born until the day she was removed from your home by DCS. The exact number of days matter. If she lived with you for even one more day than she lived in foster care, you are eligible to claim the deduction.