The parent who has custody of the child for the majority of the year typically has the right to claim the child as a dependent on their tax return. However, there may be exceptions or agreements reached between the parents that affect this determination.
In general, the custodial parent—the one with whom the child resides for the majority of the year—has the right to claim the child as a dependent on their tax return. However, specific circumstances and any agreements or court orders can influence this decision.
If both parents claim the child as a dependent on their tax returns, the IRS will apply tiebreaker rules to determine who has the right to claim the child. These rules consider factors such as the child’s residency, parental income, and support provided. It’s important to communicate and coordinate with the other parent to avoid conflicts and potential penalties.
When the parents are not married, the custodial parent—the one with whom the child lives for the majority of the year—is generally the one who has the right to claim the child as a dependent on their tax return. However, it’s important to review any applicable state laws and specific circumstances to ensure compliance and prevent disputes.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
