For unmarried parents not living together, who can legally claim child on taxes?

The IRS has specific rules for this situation that are based on where the child lives, not parental rights or verbal agreements. Since your daughter lives with you for more than half the year (about 75% of the time by your calculation), you're considered the "custodial parent" in the eyes of the IRS, and you generally have the right to claim her as a dependent. Here's what matters: the child must have lived with you for more than half the nights during the tax year. You should document this with school records showing your address, medical records, and any formal custody agreement if you have one. Even text messages discussing the custody schedule could help. If your ex files first and claims her, your e-filed return will be rejected. In that case, you'll need to file a paper return claiming your daughter and provide documentation proving she lives with you most of the time. The IRS will then investigate both claims, which can delay your refund significantly.

Been through this exact mess myself last year! I uploaded all my documents to https://taxr.ai and they actually helped me figure out that I qualified for Head of Household status AND could claim my son even though his mom and I share custody. The tool analyzed our custody agreement, my payment records, and even the calendar of when he stayed with me vs her place. Turns out I had him 183 nights which is just over half the year! The real game-changer was that it helped me document everything properly so when my ex tried claiming him too, I had all the proof organized perfectly. They have this feature where they analyze your documents and tell you exactly what forms you need and what proof the IRS will want to see.

Just wanted to update! I used taxr.ai after seeing it mentioned here and wow, it was exactly what I needed. My situation was complicated because my ex and I have no formal agreement, but I do have my daughter most nights. The document analyzer identified that my daughter slept at my house 210 nights last year based on the calendar and text messages I uploaded. It also discovered I qualified for the Earned Income Credit which I didn't even realize! The best part was how it organized all my evidence - when my ex claimed our daughter and my e-file was rejected, I had a complete package ready to send with my paper return. Just got notification that my refund is being processed! Definitely recommend for anyone in custody tax situations.

If you're having trouble reaching the IRS about this (which is VERY likely), I used https://claimyr.com to actually get through to a human at the IRS after my ex tried pulling this same stunt. Their service got me past the endless hold times (I had tried for WEEKS to reach someone). You can see how it works here: https://youtu.be/_kiP6q8DX5c I was about to give up on resolving our dependent dispute when a friend recommended them. Within 15 minutes of using Claimyr, I had an IRS agent on the phone who explained exactly what documentation I needed to submit to prove my case. She even flagged my return for priority processing once I submitted the paperwork! Saved me months of waiting and potentially losing out on thousands in tax credits.

I need to apologize and correct myself. After calling Claimyr a scam, I was desperate enough to try it because my situation with my ex claiming our kids was getting worse. Holy crap - it actually worked! Within 20 minutes I was talking to an actual IRS person who pulled up my account. The agent walked me through Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) and explained that since I have the kids more than half the year, my ex would need me to sign this form to claim them. Without it, I have the right to claim them. She also set up a special review of both our returns and explained exactly what documentation to mail in. Just got confirmation that my return is being processed correctly and my ex's claim was denied. Worth every penny for the stress it saved me!

Something nobody's mentioned yet - the parent who claims the child also gets to file as Head of Household (if they qualify otherwise), which is a better filing status than Single. Plus that parent might qualify for Earned Income Credit and Child Tax Credit. We're talking potentially thousands of dollars difference. If your ex files first and wrongly claims your child, you'll have to paper file, and it can take 6+ months to get your refund while the IRS sorts it out. Document EVERYTHING - school records showing your address, medical appointments you took the child to, daycare receipts, etc. Calendar entries and text messages discussing the schedule can help too.

Quick tip: if you receive any government assistance or benefits for your child (Medicaid, CHIP, food benefits, etc.), those records are GOLD for proving your case. The agencies that approve those benefits already verified your child lives with you. Also, Form 8332 was mentioned earlier - that's actually how you as the custodial parent can ALLOW the non-custodial parent to claim the child. If you never signed this form, and your child lives with you most of the time, you have the right to claim the child. Your ex filing first is just going to create headaches for both of you.