Q: Me and girlfriend split up and she is telling me I can't claim my daughter, she is. Custody has not been decided

A: It’s interesting that you referred to her as your girlfriend and not the child's mother, as this could affect the outcome depending on the circumstances.

If she is the child's mother and she has the child for more nights throughout the year, then she would likely have the right to take the child. If she is the child's mother and both of you have the same number of nights with the child, the decision will come down to who has the higher income.

If she is not the child's mother, then it may not be relevant, as the law tends to favor biological parents over third parties.

A: This situation can be frustrating, but the key thing to remember is that without a custody order in place, both parents have equal rights to their child. Your ability to claim your daughter on taxes depends on factors like who the child lives with most of the time and who provides the majority of financial support. The IRS has specific rules for determining who can claim a child, and if you and your ex both try to claim her, they may flag it for review.

If you believe you should have the right to claim your daughter, you may need to work out an agreement with your ex or go through legal channels to establish custody and tax rights. In many cases, family courts will address tax claims as part of a custody arrangement, ensuring that both parents have clarity. It may help to keep records of expenses you cover for your daughter, as this could be relevant in any discussions or legal proceedings.

For now, if your ex is refusing to let you claim her, you may need to file a dispute with the IRS if you truly qualify. However, it's often best to try and resolve it through communication or legal guidance before it reaches that point. Taking steps to legally establish custody and support arrangements will provide long-term clarity for both you and your daughter.