Okay if you are the custodial parent you can claim the child BUT you will have to mail in the return. Tell the non custodial parent they messed up and they need to amend their return. If they fail to do so you will BOTH get a letter in a year or 2 asking for the incorrect party to amend their return and pay back the excess refund with penalty & interest. If the incorrect party still fails to amend then both of you get IRS letters to answer and it gets stupid. Educate the other parent so this doesn't happen again ... it is a shame they don't educate you in the divorce about the IRS issues of joint custody.
