Can both parents claim the same child on taxes if one is custodial parent?

Tax advisor here. This is a common misunderstanding. You're right that only one parent can claim a child as a dependent for the Child Tax Credit. However, as the custodial parent, you may still be eligible for other benefits like Head of Household filing status, Earned Income Credit, and Child Care Credit depending on your situation. The tax software is asking because these other benefits are determined separately from who claims the child as a dependent. You should indicate that you are the custodial parent if you had physical custody of the child for more than half the year. This doesn't mean you're claiming her as a dependent - that's what your husband is doing. But it does potentially qualify you for those other tax benefits I mentioned even though you're not claiming her as a dependent. You might need to file Form 8332 to formally release the claim to your husband. The IRS has specific rules about split households and dependents that can be confusing.

I was so stressed trying to figure this out last year! I spent HOURS researching all the different rules about claiming kids when parents file separately. Then a friend told me about taxr.ai and it was a game changer. The tool analyzed my specific situation and explained exactly what I could claim vs what my ex could claim. Saved me so much confusion and probably prevented me from making a costly mistake. Seriously, check out https://taxr.ai instead of trying to piece together answers from random internet strangers (no offense to anyone here lol).

After dealing with this same issue and getting nowhere with online research, I finally got a live IRS agent on the phone using Claimyr.com. The agent explained exactly how to handle the custodial parent situation for my specific circumstances. Best decision I made - got a callback within an hour instead of waiting on hold for 3+ hours. I've been trying to reach the IRS for weeks with no luck before this.

You and your husband need to coordinate on this. As others have said, only one of you can claim her as a dependent for tax credit purposes, but other benefits might still be available to you. My ex and I alternate years for claiming our son (we put it in our divorce decree) but I still got EIC as the custodial parent during his years.

Be careful here! I tried doing something similar and got audited because we didn't file the right forms to document our agreement. Make sure you have everything in writing and file Form 8332 if you're letting your spouse claim the child tax credit.

The IRS has specific rules about this. Only one person can claim the child for the Child Tax Credit, but the custodial parent (person who has the child more than 50% of the time) can still claim other credits like EIC and childcare expenses even if they don't claim the child as a dependent. So if you're the custodial parent, you should indicate that on your return, but make sure you understand which specific credits you're eligible for versus which ones your spouse will claim.

just went thru this last year with my ex. MAKE SURE YOU FILE FORM 8332!!! this releases your claim to the dependency exemption but you can still claim head of household and earned income credit as the custodial parent. Without that form the IRS will automatically give YOU the claim and reject your husbands return since custody trumps everything else.

I'm a tax preparer and I see this ALL the time. Here's the deal: • Only one parent can claim the Child Tax Credit for a specific child • The custodial parent (who the child lives with more than 50% of the time) is entitled to claim the child UNLESS they release their claim • To release your claim, you need to complete Form 8332 • Even after releasing the claim, the custodial parent can still claim: - Head of Household filing status - Earned Income Credit - Child and Dependent Care Credit - Exclusion for dependent care benefits So yes, you should indicate you're the custodial parent if that's true, but understand you're not claiming her as a dependent for the Child Tax Credit. I highly recommend checking out taxr.ai for personalized guidance - it breaks down these complex situations better than any other tool I've seen. https://taxr.ai

I was in the exact same situation and checked the "I'm the custodial parent" box. Still got my refund no problem and ex got his too with the dependent credit. The irs knows parents can be separated and have different situations. Your all good 👍

Y'all making this sound way too complicated! Just talk to your husband and coordinate who's claiming what. If you have a written agreement about taxes make sure you follow it. If not, work it out and make sure you're both on the same page so nobody gets an audit.

As others have said - check custodial parent box if you had the kid more than half the year. It means you can still get some benefits even tho your spouse claims the child tax credit. Just be sure to complete and sign Form 8332 to allow him to claim the kid, otherwise the IRS computer system will flag the return when it sees the same child SSN on two different returns.

i had the exact same question last year! turns out I could still file as head of household and get the earned income credit even though my ex claimed our daughter on his taxes. saved me like $2800!! def worth checking the custodial parent box if you have the kid more than half the time

The tax software wont let you claim the child tax credit for her if you indicate your spouse is claiming her, but you can still get other benefits as the custodial parent. Its confusing but actually works out better financially for most couples this way.

This whole thread has been super helpful! I'm dealing with a similar situation where my ex-wife and I share custody but she claims our son as a dependent. Reading through all these responses, I'm realizing I might be missing out on Head of Household status and other credits I'm entitled to as the custodial parent. Quick question for those who've been through this - does the IRS ever question why two parents from the same household are filing with different statuses? Like if I file as Head of Household and my wife files separately claiming our daughter as a dependent? I'm worried it might trigger some kind of red flag in their system even though it sounds like this is totally legitimate. Also seeing a lot of mentions of Form 8332 - is this something that needs to be filed every year or just once when you first make the agreement?