Unmarried Parents Having With Son
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FAQ
The IRS will usually allow the claim for the parent that the child lived with the most during the year.
As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child's welfare.
If your child lives with you and your partner, one of you may file as head of household to claim the child tax credit, but only if you've provided at least 50% of the financial support for the child. Additionally, you can only claim the credit if your child lived with you for the last six months of the tax year.
Traditionally, under the common law, a father of a child born out of wedlock had no rights. The mother of an illegitimate child had the primary right to custody. In some jurisdictions, she even had the exclusive right to custody of any children.
Either unmarried parent is entitled to the exemption so long as they support the child. Typically, the best way to decide which parent should claim the child is to determine which parent has the higher income. The parent with the higher income will receive a bigger tax break.
