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I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

 
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5 Replies

I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

If the child was legally placed with you by the courts as a fosterchild then you will use CHILD in the program. 

I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

There is no DCS involvement therefore the child was not placed with me through foster care. The child came to live in my home and I petitioned the courts for guardianship strictly through the courts

I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

Since the courts issued an order of guardianship for the child then in IRS terms they are your child ... read the rules in PUB 17 starting on page 29 ...  https://www.irs.gov/pub/irs-pdf/p17.pdf

 

 Foster child. A foster child is an individual who
is placed with you by an authorized placement
agency or by judgment, decree, or other order
of any court of competent jurisdiction.

I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

I'm pretty sure if you claim them as a foster child you have to fill out a form that the state gives you. Since the guardianship is not through the state(DCS) I won't get a form

I have legal guardianship of a child that is not related to me. I am the bio aunt to the childs sister. This is how I got her. Do I claim her as child or another person?

I gave you the federal rules ... you will have to figure out your specific state situation if it is different.  In the state interview any differences are usually mentioned. 

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