Can I Claim My Children on My Taxes?

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My ex-husband and I have joint custody of our two children and the final decree allows him to claim them on income taxes. He voluntarily relocated to another state over a year ago, giving me the primary custody of our children. We are in the process of modifying the decree now. Can I claim them on my taxes since they live with me now?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Typically, whomever has “court ordered” primary physical custody of the child gets the deduction, unless the order otherwise dictates (most now say alternating years between the parties for tax deductions). You can request in your new decree to receive the tax credit since your children primarily reside with you.



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Author: House Attorney