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If she is remarried, her spouse has the same rights to claim stepchildren as dependents as a biological parent has. If they file a joint return for his income, then she is "filing a return."
The parent who is automatically entitled to claim a child as a dependent is the parent where the child lives more than half the nights of the year, regardless of any court orders or divorce agreements. The non-custodial parent can't claim anything unless the custodial parent signs a release form. (In some cases, the non-custodial parent may be able to go to family court to get an order that the other parent sign the release, but the IRS won't do anything without it.)
If she is remarried, her spouse has the same rights to claim stepchildren as dependents as a biological parent has. If they file a joint return for his income, then she is "filing a return."
The parent who is automatically entitled to claim a child as a dependent is the parent where the child lives more than half the nights of the year, regardless of any court orders or divorce agreements. The non-custodial parent can't claim anything unless the custodial parent signs a release form. (In some cases, the non-custodial parent may be able to go to family court to get an order that the other parent sign the release, but the IRS won't do anything without it.)
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