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The custodial parent is the one who gets to claim them. If he files before you, your return will need to be mailed because it would be rejected when you try to e-file. There is no way to stop him. The IRS will do nothing at this point. Eventually, the IRS will send letters to both of you asking to amend. If he doesn't, then the IRS sends a second letter to both asking for proof that the taxpayer is entitled to claim them. The letter will contain what you can send to the IRS as proof
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