I have joint legal custody of my son.He lives with his mom,grandma,grandpa,& mom's boyfriend. I see him every other weekend.His mom doesn't work but she gets social security (her eldest son is autistic,& that's why she gets social security) and child support from me & her ex husband.Does she file taxes? Can her boyfriend claim my son on his taxes?Is that legal? If her boyfriend cant claim my son then who would claim him since I can't & mom doesn't work?
I believe grandparents are retired but not sure.What if she doesn't want to sign the paper allowing me to claim my son,can I go to court?How can I find out if her boyfriend is claiming my son?
Based on the above facts, she does not file taxes. No he cannot. You could claim him if she signs form 8332, Release of Exemption. I assume grandparentes do not file either.
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Since you have joint legal custody, your ex can sign a form 8332 releasing the deduction to you. It does not appear from your facts that your ex will have a filing requirement. Her boyfriend does not appear to meet the requirements to claim the deduction.
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