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Get your taxes done using TurboTax
If your girlfriend's mom has not already filed, you should file and claim your child for the Child Tax Credit and Earned Income Credit as soon as possible.
Then if she efiles later, her return will be rejected. If she has already filed, you can still claim your child and mail in your return. You will still get the Child Tax Credit; it will just take longer.
Then the IRS will contact both of you to prove who had the right to claim the child. You should save any school or medical records showing that your child lived with you and was supported by you. She will have to pay back the credit amount received, plus penalties.
Click this link for more info on What to Do if Someone Fraudulently Claims Your Child.
Here's more info on the Requirements for Child Tax Credit.
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