I have temporary custody of my 2 children they havent been with their mom since august of 2015 now, I claim my son every year but do I claim my daughter this year too.

[lackgalo]

Their mom hasnt had them since august and just got a job after they werent there before hand I bought everything for them they stayed on some weekends and during the week. I got temporary custody I know I probably cant get the credit for them but am I able to claim my daughter as a dependent as well since shes in my custody now.

[Carl]

Basically, if your daughter meets all the qualifying child requirements, and slept at your house for 183 nights or more in 2015, then you can claim her. The 183 nights do not have to be concurrent. There are other factors too, but be aware that the IRS does not have to recognize any ruling below that of a federal judge. The IRS has their own rules, and only a federal judge or congress can override them.

[Hal_Al]

The fact that you didn't get her until August, indicates that the other parent had her more than half the year. That gives the other parent  the right to claim the child, under IRS rules.

Even if you had the child more than half the year,  a court order that gives the other parent the dependent is still binding, on you, if not the IRS.  The IRS will honor your claim (unless the court order is before 2009). But, the other parent could take you back to court for sanctions, even if the judge could not award the other parent the dependent.

[Opus 17]

@lackgalo it depends on where the children lived before August. You need to add it up. If you shared time with the mother, then you may have more than 183 nights total and can automatically claim both children.  Then it would be your choice whether to sign the waiver to allow the mother to claim them.  If you don't have 183 nights of custody, then you can't claim either child unless the mother gives you a waiver.

If they did not live with you 183 nights, but also did not live with the mother 183 nights (such as, they lived with aunts and uncles  or grandparents) then its gets more complicated -- add more details and we will help you through it.

[Cnone2b]

Only if the other parent had the children over 182 days. Depending on the allocation of days during the referenced period of time (Until August). It would depend on the days allocated to each parent over the course of a calendar year.