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February 13, 2025
Question

I am the legal guardian of a child, do they qualify as my child?

  • February 13, 2025
  • 1 reply
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    1 reply

    KrisD15
    February 13, 2025

    Yes, that is considered a foster child for being a Qualifying Child. 

    To qualify as a dependent, a child must also pass these tests:

    • Relationship: Be your son, daughter, stepchild, eligible foster child, brother, sister, half-sister or -brother, stepbrother, stepsister, adopted child or the child of one of these
    • Age: Be under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled
    • Residency: Live with you for more than half the year, with some exceptions
    • Support: Get more than half their financial support from you
    • Joint return: Not file as married filing jointly unless only to claim a refund of taxes paid or withheld

     

    Congressional Research 2-10-2022

    “Most types of relatives of a child meet the relationship test: parents, grandparents, aunts/uncles, and siblings all meet this test. Legal guardianship—where the child is placed with an adult by a court order— would meet this test (the child would be considered a “foster child” under this test), regardless of the actual biological relationship between the child and taxpayer.”

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