Getting a grandchilds social for filing purposes when im the only one who can legally claim grandson

[Nanny73]

Over 7months my daughter, granddaughter and grandson lived with me, I paid all their expenses, and am going to claim them on my taxes as they are my dependents, but my daughter refuses to release to me, my grandsons social...I have to file a petition in kentucky court , an injunction I believe, to make her stop withholding his social from me.....I just don't know if is a pro se 2 injunction form or not...any help?

[xmasbaby0]

We cannot provide legal advice here.  We can only answer income tax questions or questions about using the tax software.    If you are the one who has physical custody of the child, you can claim the child as a dependent but you need the SSN.  We cannot advise you as to how to get that SSN.   I do suggest that you wait to file your tax return---even if you have to request an extension--- until you get the SSN.   TurboTax cannot find or help you get the child's SSN.

[xmasbaby0]

Some further information you may need:

To claim a grandchild as your dependent

When you enter the child’s name in My Info, you will be asked “What’s your relationship to  [child’s name]?”  

           Choose “another person”

            a drop down menu will appear that lets you choose grandchild

By the time you have obtained the SSN you need, someone else (the parent?) may have already filed and used the child's SSN on their return.   Your own e-file will be rejected.   If that happens----you can still claim the child but you have to file by mail.  The IRS will process your mailed return, and later they will sort out the conflicting claims.   If the child was claimed incorrectly by someone else, they will face repayment of the child-related credits they received, and possible penalties.

[rjs]

When three generations live in the same household, the rules for who can claim whom as a dependent get very complicated. It's not clear whether you can legitimately claim your grandson as a dependent, since he is probably a "qualifying child" of your daughter. Before you go to great lengths to get his Social Security number, you should determine whether you would actually be able to claim him. You may want to consult a local tax professional, who can go over all the details with you, or see "Qualifying Child of More Than One Person" in IRS Publication 501, starting on page 15 of the 2024 edition.

[Opus 17]

Two points I want to emphasize.

1. You must have there SSNs before you file.  If you can't work this situation out by April 15, you need to obtain an extension.

2. While you might be qualified to claim the grandchildren as dependents, their mother probably has a superior claim.  If she files a tax return for any reason, she can claim the children ahead of you, because she is the parent.  (Even if your income is higher than your daughter and even if you provided most of the family support.)  She might get less tax benefit than you, but that can only be tested by comparing different scenarios.  There is nothing you can do on your tax return to force her to let you claim the grandchildren.  As you indicate, it is a matter for the local family court.  However, is $4000 really worth it?