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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I have temporary guardian ship of a child. I cared for him

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I have temporary guardian ship of a child. I cared for him for the entire year of 2012 and am filing my taxes now. Can I claim him as a dependent if he lived in my home the entire year and I was his sole caretaker? Also, he has medicaid health insurance through his Mom. She does not work. If I claim him will this affect his health insurance through medicaid? I did not have him on my insurance.

Thank you so much!

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you know whether Medicaid is aware that you have temporary guardianship of the child?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

Medicaid is not aware that I have temporary guardianship of the child.

Hello again, Tammy.

The mother could potentially be prosecuted for Medicaid fraud since she has a continuing obligation to update the state as to the status of the child and since the child is not in her custody currently, she should have informed them of this. Guardianship being granted to you would typically affect the child's eligibility for Medicaid, not necessarily the fact you claim him on your taxes, which you are permitted to do since you are his caregiver and provided more than 1/2 his support for the year.

Medicaid should be made aware of the change so they can make a redetermination of his eligibility and you may need to seek other insurance for him unfortunately.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 3 other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.


Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: I look forward to hearing from you again should the need arise.

Customer: replied 4 years ago.

I have another question. The Temporary Guardianship papers were not filed through a court. They are just the standard forms offline that you have notarized. Both my fiance and myself signed them. We have since separated and I am solely caring for this child. He does not want to continue to offer support for him.


He sent over a Personal Release form today and asked me to sign it. It basically states that I cannot ask him for any care for my daughter or the child we have guardianship of.


We were together for 8 years.


Is this possibly something I should pursue with him? I do need help with the child we both agreed to care for but he is not willing to do so.


He also state he would contribute $1000 dollars a month for my daughter's college but he wants me to sign an agreement that I will give him all of the interest from my investment property mortgages of approximately $34,000 in exchange for this money annually.


We were not married nor did we portray ourselves to be. We did not file taxes jointly, have credit cards together, etc.


He carried health insurance health insurance for my daughter, he and I. He also paid for 4 years of her private high school tuition.


Thank you!

Hello again, Tammy.

These are new questions which should be posted in a new question thread based on the site's policies. Here is a link to my profile page where you can post the question in the question box. Please inform me of the age of your child with your boyfriend also, so I can provide you with a thorough answer.

Thank you!