I have my children every other weekend. My ex is letting me claim them as dependents this year. How do I answer the question about the number of months they live with me?

[TC4]

My children live with me a few nights every month.  I believe it said that counts as one month.  

[DianeW]

In your case, you are the noncustodial parent. The children do not live with you, they visit every other weekend.  I'm not sure what you read, however the total number of days for the year, if they stayed with you for two days every other weekend would be 52 days (26 weeks x 2 days per week).   This would indicate that they stayed with you almost two months.  This is what you should enter for the number of months living with you. 

There can be only one custodial parent unless you live together with the children and the other parent.  The custodial parent, can sign a waiver for you so there's no confusion about claiming them.  You can print the form by using the link here:  

• Form 8332
• What is Form 8332: Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent
  

[highreturn]

So, if I am the noncustodial parent, I shouldn't put the whole year just the number of months they come to visit? My kids come every other weekend, and they stay with me two weeks in the summer.

I have another son who is with me 4 nights a week every other weekend, one night a week on the alternating week and then I have him two weeks in the summer. 

All this is so confusing.

[DawnC]

Correct.  Generally, the custodial parent is the parent who has physical custody of the child for the greater portion of the calendar year.  The non-custodial parent will have less than 6 months and the custodial parent will have greater than 6 months.   Here is a one page summary - Tax Information for Non Custodial Parents.

Generally, only one person may claim the child as a qualifying child for purposes of the head of household filing status, the child tax credit/credit for other dependents, the dependent care credit/exclusion for dependent care benefits, the dependency exemption and the EITC.

There is a special rule for divorced or separated parents or parents living apart for the last 6 months of the calendar year.  A parent who has custody of the child (custodial parent) may provide the parent without custody (noncustodial parent) with a written declaration (Form 8332) granting the noncustodial parent ability to claim dependency exemption and the child tax credit/credit for other dependents. 

If the requirements of the special rule are satisfied, then the child is treated as the qualifying child of the noncustodial parent for purposes of the child tax credit or credit for other dependents and the dependency exemption. However, only the custodial parent can claim the head of household filing status, the dependent care credit/exclusion for dependent care benefits, and the EITC for the child, under the general rules.

For more information, see Applying the tiebreaker rules to divorced or separated parents (or parents who live apart) in Pub. 501 and Special rule for divorced or separated parents (or parents who live apart) in Pub. 596.  @highreturn