Who can claim children on their tax return? 2 Answers as of February 27, 2011

I was engaged to my fiancee, who had two children of her own. The childrens mother recently passed away and in the will I was determined to be the person who would take care of the children. I have been financially responsible for the childrens' needs since we got engaged. Now I am confused about who has the legal right to claim the children on their taxes me, or their biological father who is not involved in their lives. If a couple is divorced, is it legal for both parents to claim the children on separate tax claims? Also, can the father claim the children on his tax forms if he is not involved at all in raising or taking care of the children?

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David Hoines Law
David Hoines Law | David Hoines
only the person who supports the kids can claim the exemption unless there is an agreement to the contrary.
Answer Applies to: Florida
Replied: 2/27/2011
Law Office of Harry Gordon Oliver II
Law Office of Harry Gordon Oliver II | Harry Gordon Oliver II
Generally, If you provide more than 50% of the support ypu get the exemption. Call me for a more detailed reply.
Answer Applies to: California
Replied: 2/13/2011
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