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No, it does not work like that. There is no splitting of dependent credits. Your niece can only be the dependent on one tax return and this is an 'all or nothing' situation. The mother's consent does not matter either. There is a special rule about the custodial parent allowing the noncustodial parent to claim a child via Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent - but that is non-applicable here.
See this explanation of who you can claim and who her father can claim. Who can I claim as my dependent?
No, it does not work like that. There is no splitting of dependent credits. Your niece can only be the dependent on one tax return and this is an 'all or nothing' situation. The mother's consent does not matter either. There is a special rule about the custodial parent allowing the noncustodial parent to claim a child via Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent - but that is non-applicable here.
See this explanation of who you can claim and who her father can claim. Who can I claim as my dependent?
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