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I have full custody of both my children. their mother past away last year. I am married. Does this make my wife and I legal parents or just me?

 
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1 Reply
IsabellaG
Expert Alumni

I have full custody of both my children. their mother past away last year. I am married. Does this make my wife and I legal parents or just me?

You are the legal parent, unless your spouse adopts your children so you would enter that you are the parent. 

The only issue I can see is if someone files a tax return for your deceased spouse and claims the children as dependents. Then  it would depend on your circumstances in 2017 who is entitled to claim them.

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