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You have to choose Other since you are not related to the children.
If they are not your own bio-children you cannot say they are.. You may be able to claim them as "other dependents" for the $500 credit for other dependents, but that is all. You do not get to file HOH, get child tax credit, earned income credit or childcare credit by claiming them. That would change if you were legally married and were the legal step-parent.
WHO CAN I CLAIM AS A DEPENDENT?
You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2023 taxes as long as they meet the following requirements:
Qualifying child
Qualifying relative
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.
Related Information:
No. One of the rules to claiming a non related child is that they cannot be the qualifying child of another taxpayer. Since their mother is able to claim them, you cannot claim them as a dependent and is filing a return.
To claim someone as a Qualifying Relative, they must be:
If the childs mother is only filing a return to get a return of withholdings and is NOT required to file a return, then yes, you would be able to claim them as dependents. If she is required to file, then no, you cannot claim them.
(Edited 2/17/24 @ 12:20PM) @ctrojacek
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