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Based on what you have said, you would be the parent allowed to claim the child since the child lived with you more than half the year. Here are the requirements to be claimed as a dependent:
If the dad can't be convinced not to claim the child, you can go ahead and file a return claiming the child as your dependent. The IRS will then sort out who can rightfully claim the child. See this for more detailed information: https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/somebody-already-claimed-depend...
If you are the custodial parent, meaning the child lives in your home for over one-half of the year, then you claim the child as a dependent on your tax return.
If the other parent filed their return with the child as a dependent before you and their return is accepted by the IRS, then you can only print and mail your tax return, it cannot be e-filed.
Within a year the IRS will be sending a letter to both of you to determine who should have claimed the child. The loser of the investigation must pay back any tax refund based on the child as a dependent plus penalties and interest.
See this TurboTax Tax Tip for some more information - https://turbotax.intuit.com/tax-tips/family/what-happens-when-both-parents-claim-a-child-on-a-tax-re...
Sign up for an IRS PIN- that way you control who can electronically file your child’s SSN
With the PIN, any attempt he makes to electronically file will reject (because he doesn’t know the PIN)
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