If you are comfortable that your son was not claimed by his father on his 2021 return you can Amend your 2021 and claim him since you are now the custodial parent,
However, you only claim him if the qualifying child tests are met:
• he has had the same principal abode as you for more than ½ the tax year. Temporary absences like school are ignored
• if he is not a full-time student, he's under 19 at the end of the tax year. If a full-time student, he's under 24 at the end of the tax year.
• he hasn't provided over ½ his own support
• his gross income for 2021 is less than $4,300
• you provided over ½ his support
Once you determined that you can claim your son you can Amend your return by filing Form 1040X and including Form 8812. See the below instructions for Form 8812:
Form 8812
Please also review the instruction for Form 8332 release/revocation of Claim to Exemption for the child. This may not be applicable.
Form 8332
@Nataleigh7
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