Can 2 parents with 2 kids each claim a child on separate tax returns for 2025 filing?

My son and his girlfriend have two children together (ages 3 and 5) and they're trying to figure out their taxes for next year. They're not married but they co-parent really well and share custody pretty much 50/50. They were wondering if they could each claim one child on their separate tax returns since they think it would be the fairest arrangement. Like my son would claim their daughter and his girlfriend would claim their son. They both contribute financially to the kids and neither one feels like they should get to claim both children. Would the IRS have a problem with this arrangement? I'm trying to help them figure this out before tax season so there aren't any surprises. They've been doing this for a couple years but I just want to make sure they won't get in trouble.

0 coins

19 comments

Paolo Longo

•8M

This is actually a common question for unmarried parents! The IRS has specific rules about who can claim a child as a dependent. Generally, the parent who has the child living with them for more than half the year (the custodial parent) has the right to claim that child. However, since your son and his girlfriend are co-parenting and sharing custody equally, they can each claim one child as long as each child meets all the IRS tests for being a qualifying child for the parent claiming them. The main tests are: relationship, age, residency, support, and joint return test. One thing to note - when they each claim a child, they may both be eligible for head of household filing status and other tax benefits like the Child Tax Credit and Earned Income Credit, which can be valuable. Make sure they're both documenting their custody arrangement and financial support for the children in case of any questions from the IRS.

0 coins

Paolo Longo

•8M

They should maintain documentation showing the time each child spends in each home. This could include a formal custody agreement if they have one, school records showing which address is used for each child, or medical records. A calendar marking when each child stays with each parent can also be helpful. Having both names on birth certificates doesn't prove the custody arrangement - it only establishes the relationship test. What the IRS cares about most is where each child physically lives for the majority of the time, and who provides financial support.

0 coins

Oliver Becker

•8M

After struggling with similar dependent claims issues for years, I finally discovered taxr.ai (https://taxr.ai) and it was a total game-changer for my complicated custody situation. My ex and I kept arguing about who could claim which kid, and we actually got flagged by the IRS one year when we both tried to claim the same child. The tool analyzed our custody agreement and financial support documents, then gave us clear guidance on who could legitimately claim each child based on IRS rules. It even helped us understand how to document our custody arrangement properly going forward.

0 coins

Oliver Becker

•8M

It works by having you upload any custody agreements, support payment records, and answer questions about where the kids physically stay throughout the year. It then applies the IRS tests for qualifying child and shows you exactly which parent meets each test. Super clear and easy to follow. A tax professional could definitely tell you the same information, but it costs way less than an hour with a CPA and you can do it anytime without scheduling an appointment. Plus it creates documentation you can save for your records in case of an audit. The tax code seems straightforward until you get into shared custody situations where both parents contribute substantially.

0 coins

Natasha Orlova

•8M

I was honestly skeptical about using an online tool for something this important, but after getting contradicting advice from two different tax preparers about my custody situation, I decided to try taxr.ai. Wow - it actually saved me from making a costly mistake! It asked detailed questions about physical custody days that my tax guy never bothered with, and showed me that I wasn't actually eligible to claim my younger daughter even though I pay child support. Used their documentation to have a productive conversation with my ex, and we sorted everything out before filing. Definitely worth checking out if you're in a co-parenting situation.

0 coins

Javier Cruz

•8M

I had similar issues getting clear answers about dependent claims with my ex. After weeks of calling the IRS with no luck (literally spent hours on hold), I used https://claimyr.com to get through to an actual IRS agent. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they wait on hold for you and call when an agent picks up. The IRS agent confirmed that yes, unmarried parents with multiple children can split them as dependents as long as each child individually qualifies as a dependent for the claiming parent. He explained that the tiebreaker rules only kick in when both parents try to claim the SAME child, not when they're each claiming different children.

0 coins

Javier Cruz

•8M

Yes, it connects you with an actual IRS representative. For me, it took about 47 minutes (according to their tracker), but I didn't have to sit on hold - they called me when an agent was on the line. I was shocked it worked because I had previously wasted hours trying to get through myself. I understand the skepticism - I felt the same way! But it's legit. The key thing is they have multiple lines calling simultaneously which increases the chances of getting through, and they know the best times to call. I was surprised too, but after my fourth failed attempt to reach someone about my dependent situation, I was desperate enough to try it.

0 coins

Isabella Costa

•8M

Consistency is definitely better from the IRS perspective. While there's nothing explicitly preventing them from switching which parent claims which child from year to year, it can trigger questions from the IRS about why the arrangement changed. There's usually no tax benefit to switching children between parents unless one child has significantly higher medical expenses or other specific deductions in a given year. The tax benefits are generally the same for children of similar ages. If they do decide to switch, they should document why (change in custody arrangement, financial support, etc.) in case the IRS asks questions.

0 coins

Miguel Castro

•5M

This is a really helpful thread! Just wanted to add one more thing that might be useful - make sure your son and his girlfriend both keep good records of which expenses they're paying for each child. Things like medical bills, daycare costs, school supplies, etc. If they're each claiming one child, the IRS could potentially ask for proof that they're actually providing more than half the support for their respective claimed child. Also, they should probably sit down together and formally decide who claims which child going forward, rather than just assuming. Having it in writing (even just a simple agreement between them) can help avoid confusion later and shows they're being intentional about following the rules rather than just randomly splitting the kids.

0 coins