Can my Ex father in law claim my son who stays with him while attending college out of state?

[amyrn1229]

My son has a Maine Drivers license and stays with his grandparents while attending college there. He does not pay rent or room and board. He comes home for weekends, holidays and the summer. He works here in New Jersey during the summer. Can they claim him on their tax return?

[DanielV01]

Not if you are.  Since your son is a student, he is considered to be living with you.  Being a student is considered a temporary absence.  Thus, he is still your qualifying child, and if you wish to claim him, his grandparents cannot do so.