May I claim a grandchild whose parents do not support?

Forum|Forum|7 years ago
June 7, 2019
4 replies
0 views

I have had my grandchild for last year while their parents moved to another state and have not paid any support. But they maybe planning on claiming child to get a refund. But I have been supporting her and raising her without legal custody. They do not speak to us.

Best answer by Howard1948

To be a dependent, a minor child must have lived with the taxpayer more than 1/2 the year. This makes your grandchild your dependent, not the parents' dependent.

If you file first, all will be good.

If they file first and claim her, you should claim her on your return and file by mail (do not efile). The IRS will then sort it out as to who is entitled to the dependent. You should win.

As the child is your grandchild, you do not need any "legal custody" for any of this.

Howard1948Answer

Level 7

To be a dependent, a minor child must have lived with the taxpayer more than 1/2 the year. This makes your grandchild your dependent, not the parents' dependent.

If you file first, all will be good.

If they file first and claim her, you should claim her on your return and file by mail (do not efile). The IRS will then sort it out as to who is entitled to the dependent. You should win.

As the child is your grandchild, you do not need any "legal custody" for any of this.

macuser_22

Alumni - Champ

@miltf -

Tie breaking rules only apply when two or more tax payers meet the requirements to claim a Qualifying Child dependent. Support is *not* a requirement, but the child *living* with the taxpayer more than half the year is a requirement. If both parent and grandparent and child all lived together for more than half the year then the tie breaking rules would prevail, but the question is this thread clearly said that the child lived with the grandparent and the parents lived in another state. The parents in this situation have no claim on the child as a dependent and could not claim the child even if the grandparent choose not to since they do not meed the requirements.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

torismom0814

Level 2

If you have physical custody you are entitled to claim her. They will ask n if she was with you all year and also if you or someone else supported her since you did you are entitled to that tax benefit and if the parents attempt to claim her it is fraud. You have all your proof she is with you.

Jeangma

Level 2

What if the childen lived all year at grandparents house and mother lived there to but did not support them

DebAllen57

Level 2

My granddaughter has lived with me for the pas year, I have been her sole support. I claimed her on my taxes which I filed by e-file . I just learned that my daughter who has legal custody of her but has not contributed to her support also claimed her & filed before me. Will her claim take presidence over mine ?

JohnB5677

Level 15

Not necessarily. I suggest that you gather anything that will prove that you did support her and that she lived in your home.

You and your daughter will shortly receive a letter from the IRS . There will be questions regarding the status of your granddaughter. Answer them accurately and return the completed forms.

It may be to your advantage to bring them to a local IRS office Find a local IRS office. They may be able to give you guidance and forward it to the main office.

@DebAllen57

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