I was pregnant with my child almost all of 2016 she was born Nov of 2016, after birth she was released to my mother bc of an on going dcfs case. Should I of claimed her?

[DanielV01 · Accepted solution]

Probably not.  In order for you to have claimed her you had to be living with her.  If she was taken legally from your custody, you would have lost the right to claim her.

If you tried to claim her, and someone also tried to claim her, the IRS would have to sort out the claim.  While normally they give preference to the biological parents, you will lose the claim when someone else shows state paperwork of the foster arrangement and that the child also lived with them.

That arrangement can change, however.  If you are able to regain custody and the child lives with you, then you will always have the first position to claim your biological child.  But until that happens, you should not try to claim your child.