If this is in regards to deducting the health insurance, you can deduct your children's health insurance even if the other parent is claiming the children as dependents. If they are not going to be claimed as dependents on your return, removing the children is the safest choice to avoid issues. See the following from IRS
Publication 502:
Child of divorced
or separated parents.
For
purposes of the medical and dental expenses deduction, a child of divorced or
separated parents can be treated as a dependent of both parents. Each parent
can include the medical expenses he or she pays for the child, even if the
other parent claims the child's dependency exemption, if:
- The child is in the custody of one
or both parents for more than half the year,
- The child
receives over half of his or her support during the year from his or her
parents, and
- The child's
parents:
- Are divorced or legally separated under a decree of divorce or
separate maintenance,
- Are separated
under a written separation agreement, or
- Live apart at all times during the last
6 months of the year.
