Without my permission...

What is the name of your state? Georgia Without our permission, my fiance's mother is going to claim our son on her taxes. Our son is 6 weeks old and both live with her mother. My fiance & I have made plans to claim our son on my taxes. Who has legal rights to claiming our son? Other than shelter & utilities I provide for all my fiance's & son's needs.

Thank You in advance.

[JETX]

"Who has legal rights to claiming our son?"
*** The person who provides more than half of the child's support. Unless you provide far more than just an occasional diaper and as long as the child and mother live with HER mother, the childs grandmother would more than likely meet the deduction requirement.

Since this post... I found something and wondering if it would apply here... to my benefit.
If you would please scroll down & take a look at the part:
Your Qualifying Child Cannot Be Used By More Than One Person To Claim the EIC (*Notice the "Tie-Breaker")



[URL]http://www.irs.gov/publications/p596/ch02.html#d0e1814[/URL]

[JETX]

That has to do with EIC (Earned Income Credit), not deduction.

[Snipes5]

Further, you can't claim EIC for a child that does not live with you.

In the case of unmarried parents, the exemption for the child generally goes to the parent with whom the child spent the longer part of the year and who provided the most financial support.

If your fiance's mother is providing more than 50% of the support for your fiance and for the child, she would be entitled to claim both of them on her return. So unless you're paying amounts well in excess of their rent or mortgage, she is probably well within her rights to claim the child. Shelter and utilities most often count for the majority of support.

If you and your fiance want to claim the child; get married, move into an apartment with the child and support yourselves on your own.

Snipes

[HomeGuru]

Writer, got it? Ok, 10-40, over and out.

That would be a question to call the IRS on

My husband and I get to claim his daughter everyother year on taxes , however she does NOT and has NEVER lived with us. (we get to do this due to a court order)

[JETX]

And does your husband pay child support to his 'ex'? That is why the court ordered as it did..... to allow him benefit of his ordered child support payments....

And does your husband pay child support to his 'ex'? Yes as a matter of Fact - since 98 a total of 14,000.

[JETX]

"Yes as a matter of Fact - since 98 a total of 14,000."
*** And THAT is why the courts granted him the right to the deduction every other year.