I need help in claiming my child whom has lived with me for the passed two years. On accident, when her mother filed taxes last year, she claimed her. How do I claim her

[dreezy0120]

What do I need to do to claim my daughter this year

[xmasbaby0]

If the other parent incorrectly claimed the child for 2024, then you need to file (or amend) a 2024 tax return that claims the child and let the IRS sort out the duplicate use of the child's SSN.   The other parent who should not have claimed the child will be subject to repayment of child-related credits they should not have received.    The other parent could get ahead of this by amending their own tax return to remove the child as a dependent.

As for 2025----if you are the custodial parent:

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.  If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

[DoninGA]

In the My Info section of the program you enter her as a dependent.  Click on My Info on the left side of the online program screen.  If the child is under the age of 19 then they can be claimed under the Qualifying Child rules.

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.