Can I claim a child as a dependant if my nonresident alien spouse has already claimed that child as a dependant on his foreign tax return? We are filing separately.

[DanaB27]

Yes, you can claim your child if your child meets all the requirements:

Qualifying child

• They're related to you.
• They aren't claimed as a dependent by someone else on a US tax return.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They're under the age of 19 (or 24 for full-time students).
  • No age limit for permanently and totally disabled children.
• They lived with you for more than half the year (exceptions apply).
• They didn't provide more than half of their own support for the year.

Please see What is the Child Tax Credit? for additional information.