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Of interest, this was brought to my attention today. It fully depends on how much time each parent has the child, and not the court order. But, it requires keeping a detailed record.

Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs. gov/pub/irs- pdf/f8332. pdf

Regardless of ANY court order the IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. I would personally have her fill out the 8332 and keep it in a desk drawer just in case she challenges your ability to file, and I wouldn't fudge at all on your taxes.

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Q: If the child lived with non custodial parent for 9 months and 3 months with custodial parent who claims the child on taxes?
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