aunt who has sister's children.

[auntwithchildre]

What is the name of your state? texas,i have my sister's children for almost 2 years now,since august 2003.they where placed by cps.cps closed the case on my sister.myself & my boyfriend,have been there parents for the whole time since they where placed with us.cps doesn't want to give me a paper saying i still have them.my sister doesn't want to sign a simple paper saying she is giving me temporary custody.can my boyfriend claim them as foster children on his tax return or what papers are needed to claim them can school records like report cards or a copy of the registration cards.can they be used to be verification to the irs to claim eic.how can i also get custody of these children ages 16,12,9,5.

 

[LdiJ]

What is the name of your state? texas,i have my sister's children for almost 2 years now,since august 2003.they where placed by cps.cps closed the case on my sister.myself & my boyfriend,have been there parents for the whole time since they where placed with us.cps doesn't want to give me a paper saying i still have them.my sister doesn't want to sign a simple paper saying she is giving me temporary custody.can my boyfriend claim them as foster children on his tax return or what papers are needed to claim them can school records like report cards or a copy of the registration cards.can they be used to be verification to the irs to claim eic.how can i also get custody of these children ages 16,12,9,5.

ARG...IF CPS has closed the case on your sister then technically I believe that she retains custody of her children. You would need to go over the paperwork with an attorney to be certain.

From the standpoint of the IRS, unless your boyfriend was officially named as having placement of the children (by CPS) I don't see any way that he can claim them as dependents. Yes, he has supported them, but he doesn't meet any of the tests to claim them as dependents. If you and he were married it would be different, but you aren't. YOU would meet the test to claim them because they have lived in your home and because of the blood relationship. However he doesn't.

And yes....I am an accountant and an authorized tax-preparer.

 

[gretchensanders]

dont break the law!

no,your bf cant claim them on his income tax-are you crazy? he only can if hes a certified foster parent thru the state,to do so otherwise is income tax fraud.youll have to file for custody in the state youre in,and go to court,but remember,your bf is a legal stranger to the kids,and has no legal rights to them.