Me and my husband has custody of my grandson the only income we have is my husbands disabilty check can we file taxes and claim my grandson as a dependent? If so, how do we do it?

If the child has lived with you for at least half the year, is under 19 years old (or under 24 if a full time student), provides less than half his own support, and neither of his parents are going to claim him as a dependent, then you may claim him as your dependent on your tax return.

The CRITICAL issue is whether EITHER parent plans to claim the child.

If either of the parents claim the child, the default position of the IRS will be that their claim is valid, and you, as the grand-parents, would have to PROVE that you met all of the criteria to claim your grand-child as a dependent.

This being the case, be sure everyone is in agreement before you file the tax return.