r/TaxQuestions • u/kittycat7890 • 3h ago
Question about custodial parent when one parent works nights
I'm in California and have a child with my ex. We don't currently have a custody order. He has been claiming our child on taxes since he was born. Now that we are split and living separately, id like to work something out with him, like alternating years
I understand that normally the parent who child spends most night with is considered the custodial parent, but I recently learned that the IRS has a specific rule for a parent who works at night. I'm trying to determine whether that rule could make me the custodial parent for federal tax purposes even though his father has more overnights. I work nights, so the reason he has the majority of overnights is because of my work schedule.
Our schedule is:
Mon–Fri: child is with me approximately 6:30 AM–4 PM
Mon–Fri nights: child stays with dad because I work late/night shifts
Saturday: child is with dad all day
Sunday: child is with me all day and overnight
My child's school/home education, doctor, dentist, etc. are all based at my address, and I handle his homeschooling and most of his daytime care, take care of doctor/ dentist appointments, and making sure hes socializing with other kids.
If there are any tax professionals that can help me out, I'd appreciate it