if i have three kids and spouse and I have 50/50, we alternate years claiming them. Am I still head of my household 50 percent?

[xmasbaby0]

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.

[Vanessa A]

Are you married to the kids other parent or are you married to someone else?  Do you have the kids more than 6 months out of the year?

No.  If you are married and lived with your spouse during any part of the last 6 months of the year, even if it is not the kids biological parent, you cannot claim head of household.  Your filing options are married filing jointly or married filing separately.  

Possibly, if you have a spouse that you have not lived with for the last 6 months of the year.  

In order to claim head of household you would need to pay more than half of the expenses for the household that included your qualifying child. The IRS does not require that you claim the child as a dependent on your return to file as head of household if the other parent is claiming the child via form 8332.

For residency purposes, your child would have to live with your for MORE than half of the year, based on nights spent in your home.  If they spent less than 183 nights at your home in 2025, then they would not be considered as living in your home for more than half of the year.