Can my girlfriends parents claim our child if I say no but we all live together.

[SweetieJean]

"The mother's age just flat out does not matter." Since she is under 19, her parents can likely claim her. It sounds like she and Boyfriend did not live together the entire year.

[Carl]

SJ - Mutual agreements are meaningless in  a legal capacity, unless all parties subject to such agreement admit it occurred. As you've read what I've typed before, when it comes to dealing with the IRS, if it's not in writing, then it flat out did not occur.

[whirlingtornado1]

Thank you SweetieJean, I only mentioned her age because she is the dependent of her parents and by that logic since we are not married they consider the baby their dependent too.  As for the confusion about living together, we did not live together the entire year, we moved in together during the summer and I meant that I was not living with them in a house that was theirs but in a place that we got together. There is a lease with my name and both of her parents names on it so I would consider that as in writing, the only reason I used the term mutual agreement was to emphasize that I did not just move in and live with them after she became pregnant but that we all decided to get a new place, with a new lease together so that I could be there to fully support my child. I'm sorry if the way I wrote it was confusing.
Also thank you TurboTaxMichelleT for the link, I will look into that.

[Critter]

Bottom line is if you lived with your child since the child was  born then you have the superior  right to claim the child since you are the parent ... the grandparents cannot unless you allow it.

[Carl]

Good catch Critter#2! There's so much "noise" in the original post, I completely missed that possibility!

[Kcrist1]

Actually, we do not know if the grandparents income is higher or not!! Just because the bf is 20 doesn't mean he makes any less !! My son is an Ironworker, 19 years old, and makes $80,000 a year!! He also gives his gf and her family $500 week for expenses where they have a child together !! Age is but a number!! Just saying 🤷‍♀️

[Critter]

Again all that extra info is meaningless... he is the parent and as such has the superior right to claim his child. 

HOWEVER...before anyone files there needs to be a conversation between him & the grandparents ...if they make more then he can allow them to claim the child if it is better for all parties combined BUT  he is not REQUIRED to let them ... have them read this thread which quotes the IRS rules and/or consult with their tax preparer. 

[deckerjason03]

idk why it is hard to believe that a 20 year old pays everything to take care of his gf an his son….:i am 19 i have my own apartment an own car i pay for, while my 17 year old gf an 6 month old son lives with me an has no job and i pay for everything an make sure everything is provided for them as needed..parents are low lives that worry ab drug addiction more then there own kids. That being said i am in the same boat but he parents don’t live with me but are trying to claim my gf do i have the right to claim her considering she’s lived with me for 2 years an her mom has had a job 4 jobs only worked 4 mouth out of the year 

[DaveF1006]

 You can claim a boyfriend or girlfriend as a dependent on your federal income taxes if that person meets certain Internal Revenue Service requirements. This is true for your girlfriend's child as well.
 

1.  To qualify as a dependent, your partner and child must have lived with you for the entire calendar year and listed your home as their official residence for the full year.
    
2.  If your partner has gross income above a certain amount ($4,700 for tax year 2023), you can’t claim that person as a dependent.
    
3.  You must have paid more than half of your partner’s and child's living expenses during the calendar year in which you’re claiming that person as a dependent.

The parents would have first priority in claiming.  This would depend whether or not they paid for more than 1/2 support for the child.  Typically for you to claim, it would be best if you file your return before the parents do.  Then if the parents file claiming them as dependents, then their return will be rejected because you have already filed claiming your girlfriend as dependents. This could also work against you if they file first.

If this escalates into an ongoing dispute with the parents, you will need to file a protest letter with the IRS detailing the dispute and why you should be awarded the privilege of claiming your girlfriend and her child. This could be contentious because the investigation could be lengthy because you or her parents would need to  provide tangible proof that you both paid for than 1/2 support.

@deckerjason03