I lost my house in a sheriff sale and I sent my daughter to live with my cousin in August. My cousin is on welfare so she added her to her household and my daughter was put on medical assistance in September. My daughter had been on my insurance till September. My cousin notified me she might have to claim her on taxes this year because of welfare. She has only been living there 5 months. She did not live with me for 12 months and she did not live with my cousin for 12 months. Who should claim her?

For you to claim your daughter she must have lived with you for at least half the year, whereas for your cousin to claim her she must have lived with your cousin for the entire 12 months. This is because your daughter is considered to be a "qualifying child" for you and a "qualifying relative" for your cousin, and there are different rules regarding what it takes to claim her as a dependent. So for 2012 you should claim your daughter as your dependent. For 2013 it will depend on whether your daughter continues to live with your cousin for the entire 12 months, and if so, whether you or your cousin provides the majority of her upkeep.