My son stayed 9+months of 2023 with me and his mom at an apartment I solely paid for. At the end of the year he spent nights split between his grandparents house with his mom(and myself) and our new place while being renovated. His mom is now claiming that since he/she/they spent a few weeks at her parents house with him when I was at the other house that she is the custodial parent. My AGI is higher and he spent more than a majority of the year under my(our) care. Will the IRS let me claim him since he stayed with me for over 183/184 nights?? I can’t believe that he spent over 330 nights with me and now his mom says she was with him 350 nights so she’s the custodial parent?!?! I feel like she’s just saying/claiming this cause my AGI is higher and this is the only way for her to get him on her refund. I’m about to amend my taxes claiming him but want to make sure I am in the right and won’t be fined or have to pay anything back. I lost over 6k not claiming him/HoH on my original return.
