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Get your taxes done using TurboTax
If the child lived with you, then you are the custodial parent and would be entitled to claim the child as a dependent on your tax return. Generally, the child is the qualifying child of the custodial parent. Whichever parent the child lived with for the longer part of the year is the custodial parent. Therefore, if you are the custodial parent for the child, you may have a right to claim the child tax credit for 2022 and any previous year during which you were the custodial parent.
At this point, it may be a good idea to start collecting your records/documents to prove to the IRS that you are the custodial parent, assuming that is your position. Moreover, if you claim the child on your tax return, and your return is rejected when you try to efile, such rejection could be based on the fact that the father has already filed and claimed the child as a dependent. In these situations, if you want to claim the child as a dependent, even though the father has already claimed the child, you will have to paper file your return. It's likely that the IRS will request information from you regarding your basis for claiming the child. Therefore, have your records/documents ready to prove your position.
Here is a link to an IRS webpage that discusses divorced and/or separated parents and claiming children as dependents. You might find this information helpful.
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