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Can Dad claim child as dependent?

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jrmagnuson

Junior Member
What is the name of your state?What is the name of your state? Michigan
My grandson's mother did not work so does not plan to claim my grandson. They live with her mother who wants to claim him. Does she have a right to do so or can my son (the father) claim him - he has shared legal custody but visitation is only one night/wk. and every other weekend.
 


Whyte Noise

Senior Member
The person that can claim the child as a dependant is the person that provided over 50% of the child's support for the year. If the mother of the child isn't working and she and the child live with her mother, then her mother IS providing over 50% of the child's support. According to IRS rules she can indeed claim the child.

The only exemption to this is a court order stating that the NCP can claim the child in certain years.

With your son only having his son 8 days a month, it's doubtful that he would be able to claim the deduction unless he has a court order giving him that right.
 

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