Can a child be claimed twice?

[toughluckworker]

I Was talking to my sons grandmother which whom my son stayed with for a year. He moved back in with me again last year before school started. His grandmother says that we can both claim him for half a year each. Is this correct?

 

[irish223]

I Was talking to my sons grandmother which whom my son stayed with for a year. He moved back in with me again last year before school started. His grandmother says that we can both claim him for half a year each. Is this correct?

No, only one of you can claim him.

 

[Duranie]

No. Grandma has no legal right to claim him if she did not have legal custody. Now if you want to claim and split the refund with her since she ahd the child that is up to you.

 

[irish223]

No. Grandma has no legal right to claim him if she did not have legal custody. Now if you want to claim and split the refund with her since she ahd the child that is up to you.

The IRS does not require court-ordered custody in order for the grandmother to claim an exemption for the child. She only needs to meet the test for the child to be considered a "qualifying relative".