Can mother claim child on taxes when she has given someone else guardianship?

This is a complex situation, and the answer depends on several factors, including:

* The type of guardianship: There are different types of guardianship, like legal custody, physical custody, and full guardianship. The specific legal arrangements will determine who is considered the primary caregiver for tax purposes.

* State laws: State laws vary on how guardianship is handled and who is considered the custodial parent for tax purposes.

* IRS guidelines: The IRS has specific rules about who can claim a child as a dependent on their tax return.

Generally, the following factors will determine who can claim the child on taxes:

* Who provides the most financial support: The parent who provides the most financial support for the child is usually considered the custodial parent for tax purposes.

* Who has legal custody: In many cases, the parent with legal custody has the right to claim the child as a dependent.

* Who has physical custody: The parent who has the child living with them for the majority of the year may also be considered the custodial parent.

In the case of guardianship, here's what to consider:

* If the guardian is a relative: The biological parent might still be able to claim the child as a dependent if they provide more financial support and the guardian is not the other parent.

* If the guardian is not a relative: The guardian may be able to claim the child as a dependent if they have legal custody and provide the majority of financial support.

It's crucial to consult with a tax professional or attorney: They can provide guidance specific to your situation based on state and IRS regulations. They can help you understand your rights and obligations and ensure you file your taxes correctly.

Remember:

* Filing incorrect information can lead to penalties.

* The IRS may require documentation to verify who can claim the child as a dependent.

It's best to seek professional advice to avoid any potential tax issues.

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