My parents and I share custody of my son can I claim him on my taxes?

[marys3441]

My parents don't work but we share custody of my son can I claim him? They get insurance for him thru Medicaid or Medicare whatever it is but I work and they don't. I would be able to get earned income credit which they wont since they are on soc sec.

[DoninGA]

If you all live in the same household then you claim your child as your dependent on your tax return.  He is your dependent 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.

[xmasbaby0]

We do not know what you really mean by "share custody."  Who does your child live with?  Who did the child spend the most nights with in 2023.   There cannot be a signed 8332 form between you and your parents---that is only for divorced or never married parents who share custody.  

[Opus 17 · Accepted solution]

Basically, if you and your child lived under the same roof for at least 183 nights of the year, then only you can claim your child as a dependent.  It doesn't matter who paid for the roof (the home you lived in).  You don't even have the option of allowing your parents to claim your child unless their taxable income is more than yours (which, from your story, it is not).  

However, if you did not pay more than half the costs of the entire household (food, housing, utilities, etc.), then you can't file as head of household, you would file as single.