@Classy02
Taxwise, your answer is simple; you file without claiming the child. As far as the IRS is concerned, he has no right to claim the child.
If, after the legal hassle is over, and you are awarded the right to claim the child, you file an amended return to add the dependent and the child tax credit.
Your alternative is to claim the child but you will have to file a paper return. The consequence have been explained above. The IRS will eventually, most likely, rule against you and probably complicate things when and if you finally get a court to force her to comply.
You have a legal issue not a tax issue.
