Can I file an ammended return for 2014 claiming my kid after someone else did without permission?

[casper646]

In 2015 (2014 taxes) my daughter was claimed on my mother in law's taxes (currently ex mother in law) I found out by my e-filing being rejected, but went through when I took my daughter off. I knew that she might file as she had permission in the past. After filing my taxes, I tried contacting my mother in law but she wouldn't respond for 2 months about that subject. She told me yes, she filed my daughter without permission and that it was an accident. She apologized and said she won't do it again.

I have recently learned you can ask questions like this on this site, so I wondered what I can do. 2014 has come and gone, refund issued to her for claiming a dependent she wasn't supposed to, and I received mine with no kids. So how will filing an amended return work if I am adding a dependent that was already claimed? I've read contradictory things such as they will use the highest AGI (which will not be mine) and that the parent always has first rights to claim their children.

What will happen if I try? How do I go about it?

[DianeW · Accepted solution]

It sounds like you and your daughter did not live with your mother-in-law.  If that is the case, and your daughter lived with you, then you can file an amendment to claim your daughter.

https://ttlc.intuit.com/replies/5187060

Consequences:  The IRS will contact the mother-in-law at some point to let her know someone else claimed your daughter and that they may need to review and correct their return.

Instructions for amending your return are shown below for you.  Also, this return must be amended, completed on 2014 software or IRS forms. An amended return must be mailed so include the original W2 copy, a copy of the social security card of the child and birth certificate as well as any records for that time showing you both had the same address.  This could be legal, medical, school, childcare, dental or other records showing the address for both of you at that time.  

You may want to amend your state return as well.  Check your state information for whether it would be helpful for you.

https://ttlc.intuit.com/replies/3288565