Can you clarify if you have a divorce decree stating who can claim the child?
If your divorce agreement did not specify who claims the children as dependents, then the custodial parent gets to claim them. If you have joint custody, the parent who has the child the greatest number of days during the tax year gets to claim the child as a dependent.
If you are the custodial parent and there is no divorce decree, and you did not sign a form 8332, release of claim to exemption for child by custodial parent, you can file the return by mail. The IRS will process the return and will send notices to you and your ex-husband wanting proof of who has the right to claim the child.
For more information, see the link below:
Divorce & Taxes
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