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To CLAIM the child and all the child related credits then simply paper file a return with the child on it. That will get the IRS attention and both of you will get a letter in the next couple of years so be prepared to defend your position that you have the right to claim the child.
For details see:
http://taxes.about.com/od/dependents/qt/Dependents-Audits.htm
https://www.irs.gov/pub/irs-pdf/f886hdep.pdf
https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030
@daddy202033 - what credits are you referring to?
it's otherwise pretty simple..... just file your return (or amend) and claim your son. it has to be paper filed. The IRS will resolve the dispute when they see that two people claimed the same child (same SSN).
Who did the child live with for more than 183 days (they don't have to be consecutive) in 2021? that is who will have the 'upper hand' with the IRS. Can you prove it?
going forward, best to apply for a identity PIN with the IRS. Only the person who knows the PIN (presumably only you) can efile with that child's SSN. Anyone else must paperfile and when the IRS reviews the paper file return they are going to really scrutinize it because they know the person who filed by paper didn't know the PIN.
https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin
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