I have sole guardianship of my stepdaughter, can I claim her?

[jerry2000]

Does she live with you?

[s_elizabeth_d]

Yes she does. I have her full time.

[Opus 17]

A stepchild has the same status for determining dependency as a biological child, and the parent-stepchild relationship is not ended (for tax purposes) by the death of the other parent or by divorce.

So whether you can claim her depends on the usual rules:

1. Age: under 19 or a full time student under 24, or any age and permanently disabled.

2. Residency: actually lives with you at least half the year (regardless of what a court order might say).

3. Support: child does not earn more than half her own support (this is rare of course, think child-actor and so on).

4. Relationship: covered above

5. Child can't file a joint return with a spouse.

[Opus 17]

There is a second set of rules that might apply if the child is over the ages above, but since you are talking about "guardianship", then I assume the child is either under age or disabled, so the rules above apply.

[s_elizabeth_d]

Thank you! Yes she is 9.