If he doesn't amend, the IRS will notice the conflict. You'll receive a letter from the IRS, stating that something you claimed was also claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, changing the error(s), the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.
Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins. The IRS goes by physical custody, not legal custody.
