I had my granddaughter living with me till July 11 2023 I have been her legal guardian for almost 10

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I had my granddaughter living with me till July 11 2023 I have been her legal guardian for almost 10 years and have claimed her all her life she is 12 now and in July she moved in with her Mother WHO WILL BE ABLE TO CALIM HER THIS YEAR

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  • GarrettV
    GarrettV FreeTaxUSA Agent
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    Generally, the rules would be whoever the custodial parent is in this situation. This also depends on whether or not the child is considered a "qualifying child" by the IRS. I would first recommend making sure that the child qualifies by checking this IRS link:

    https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules

    And then, according to this IRS statement:
    "You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year."

    You would need to discuss with the parent who the child lived with the longest. Please note that the child can only be claimed on one tax return.