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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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last year in march while my husbund was deployed his family

Resolved Question:

last year in march while my husbund was deployed his family in iowa contacted me, in washington because at the time his 3yr old son had been left by his real mother with the grandparents and never returned. my husbund returned from iraq in end of march and april began precedings for custody. grandparents were granted temp guardianship of child during custody process to ensure a stable enviroment for child until custody was decided because his father could not take him out of state of iowa. he was granted phisical custody of child in beginning of september 08, has been residing with us since 19 sept. can his father legally claim the child on taxes this year?
Submitted: 7 years ago.
Category: Tax
Expert:  Merlo replied 7 years ago.
Hello crystal,

One of the requirements to claim the child as a dependent is that the child must have lived with you for more than half of the year.

Since the child apparently lived with his grandparents for a little over 8 months, and only lived with the father for around 4 months, the grandparents are the ones who would be entitled to the exemption this year.

Starting in 2009 if you have the child living with you for most of the year, then you are the ones who may claim the exemption.

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Thank you.
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