I have a tax question about my daughter for this coming tax season. I have custody?

Question

my daughter is 13. I have physical custody of her. In May she went to her dads and over summer she decided to stay there permantely. I still have custody since dad doesnt want to go to court and I felt I couldnt handle her attitude anymore. I plan on claiming her this year and there after he can and he wants to claim her. She attended school here with me last year and I have custody>>> help!!!

Answer 1

Best Answer - Chosen by Voters

Instead of relying on Yahoo "tax experts," read IRS Publication 501 concerning exemptions for children and relatives. The requirements are clearly spelled out there.

Source(s):

http://www.irs.gov

Answer 2

The parent that the dependent lived with the longest has the right to claim the child.
If her dad wants to claim her the rules are clear.

If she lived with you for less than six months he can fill out a form 8832 and give you the dependent exemption as a non-custodial parent.
You will get the exemption and the child tax credit but not be eligible for EIC.

Answer 3

The IRS goes by where the child sleeps at night. For 2009, that is clearly the dad.

if both you and the dad try to claim her, the IRS will investigate. if they find you claimed her fraudulently (without 8332, for EIC), they will take the money back and ban you from collecting EIC for 2 to 10 years.