Can my sister claim my son on her income tax return legally without my consent?

Asked 5 months ago - Carrollton, TX

My sister had my son for 5 months due to my being ill and needing help. She refused to live with me for a short period, which resulted in him staying with her. She denied visitation except for a few times in which he stayed with me. There were no courts involved as it was voluntary on my part in the beginning. Shortly after she started violating our agreements, I tried to get him back, but she started hiding him from me. She has documentation only for educational guardianship during this time period and tried to refuse to give him back to me when her time was up. I got him back fighting tooth and nail, but now she's trying to claim him on her income tax return from Saudi Arabia. She had him for 5 months and 2 days total. From what I know, she must have him living with her 6 mos. or more.

Additional information

My sister currently resides in Saudi Arabia, but the events occurred in Texas. We lived 15 minutes from each other. She has no documentation of temporary guardianship and nothing was filed legally showing guardianship or determined through courts. It was voluntary at the time. Through help I was able to gain back custody on June the 9th and she had him as of January the 7th to June the 9th. The only thing she had after that time period was his belongings, which she refused to let me have until August.

Attorney answers (5)

  1. Frederick E. Walker

    Contributor Level 12

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    Answered . Based upon the facts presented, your sister is not entitled to claim your son on a U.S. Income Tax Return.

    These materials have been prepared by Fred E. Walker, P.C. for informational purposes only and are not legal... more
  2. Dara J. Goldsmith

    Pro

    Contributor Level 14

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    Answered . She cannot. To confirm that you can, see irs.gov and complete the dependent questionnaire. Best of luck to you. If this answer was helpful or the best answer, please mark it accordingly. Thank you.

    This response is not intended to create an attorney client relationship. The response is solely intended to... more
  3. Dorothea Elaine Laster

    Pro

    Contributor Level 18

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    Answered . The IRS Code determines who can claim a child as a dependant. I am not a tax attorney. But it is my understanding as well that the person who has had the child for the majority of the year is the one who can claim him. It is my understanding that if she had the child for the majority of the year she would not need your permission to claim him on her taxes.

    This does not establish an attorney/client relationship
  4. Aimee Elaine Manriquez

    Pro

    Contributor Level 9

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    Answered . It is unclear from your question if you are referring to her claiming him on a Saudi Arabia tax return or if you are referring to her claiming him on a US return while she resides in Saudi Arabia. If you are referring to a Saudi Arabia tax return, you need to ask a professional in Saudi Arabia. I suspect that although that is how your question seems to read, that is not what you mean. I suspect you are referring to her ability to claim your son on a US tax return while she lives in Saudi Arabia. If that is the case, you need to contact a tax professional (either a tax attorney or CPA). It is not really a question for a family law attorney.

  5. Mark Allen Land

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You may get someone with knowledge about Saudi Arabian tax law to answer you on here, but that is certainly not me.

    I strongly suggest that if you need further assistance with custody that you get an attorney to help you protect yourself.

    Good luck.

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