I have 2 kids, can i claim one child and my spouse claim the other?

[griseldag1993]

we all live in the same household

[IreneS]

Are you married?  If so, why are you filing separately?

[griseldag1993]

no not married

[Texas Roger · Accepted solution]

Yes you can each claim one child if the parent who claims the child is the parent of that child.

[griseldag1993]

ok, but only one person can be head of household correct?

[Texas Roger]

That is generally correct. Whoever paid more than half the costs of keeping up the household is the one who can file as head of household (as long as they claim at least one of the children).

[MatthewD1]

In my case we are still married but lived apart for all of 2022 can she deny me the option to claim one of the two children. Still married, no legal documents denying me that, just her words., Lived apart all of the year. She definitely paid more to take care of them but I had them every weekend and paid for their needs when they were with me

[xmasbaby0]

@MatthewD1   The "custodial parent" is the one with whom the child spent the most nights.  That is the parent who can claim the child as a dependent and get the child-related credits.   If you have a signed agreement between you---called form 8332---that changes things.  Without that agreement, the custodial parent gets all the child related credits.