loco parentis

[mecv1976]

Can my step-son, I've declared loco parentis, be counted as a dependent on my child support case in Montana? Me and his mother are common law married, recognizable and legally binding in the state of Montana, for 6 years and both have been filed with me on our income taxes.

 

[army judge]

Can my step-son, I've declared loco parentis, be counted as a dependent on my child support case in Montana? Me and his mother are common law married, recognizable and legally binding in the state of Montana, for 6 years and both have been filed with me on our income taxes.

Before you do that, I suggest you ask the IRS, a CPA, or tax lawyer.
If she's receiving child support, normally the person supporting the child is the only one that can claim the child.

If they were divorced, their divorce decree stipulates who gets to claim the child on tax returns.

You can't use your logic to simply claim the child. Your marital state isn't solely determinative.