Dependents

[Hutnickk]

Why is asking if there is a custody agreement if filing as married filing separately and claiming son on my return.  I was never divorced and answered status as married in a very early question.  If answer no then says person doesn't qualify as my dependent.  Doesn't make sense.  I'm trying to recreate my 2019 return (TT changed the type of file it created and my backup software didn't capture it and I lost it when had computer issues) where he was a dependent.

[Opus 17]

If you are living together with the other parent and this is not a case of custody shared between parents who are divorced or separated and live apart, then answer no to the custody question. It only applies to a legal court order between parents who live apart and share custody.  The other parent who is not claiming the child as a dependent should not list them on their tax return at all.