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I lived with my girlfriend and her child during the year. Can I consider the child as my stepchild or eligible foster child and claim the HOH filing status using the child as my qualifying person?

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I lived with my girlfriend and her child during the year. Can I consider the child as my stepchild or eligible foster child and claim the HOH filing status using the child as my qualifying person?

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No. Because you were never married to the child’s parent, the child is not your stepchild. Likewise, the child is not an eligible foster child because only a child who is placed with you by an authorized placement agency or by judgment, decree, or another order of a court can qualify as your eligible foster child. However, you may be eligible to claim a Dependent Exemption Credit for the child if the child meets all the requirements. See FTB Pub. 1540, California Head of Household Filing Status, for more information on claiming a Dependent Exemption Credit. To download FTB Pub. 1540 for the appropriate tax year, please see our HOH forms and publications page.

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