My wife and I had my son more than 6 months but less than 7 this year. I am currently the non-custodial parent, but we have him longer than she does. She has her grandmother watch him on her time and he is usually only with his mother a day or 2. We have him 4 days, 3 nights usually.

I know I can prove that I have him longer than her this year, but she has already claimed him on her taxes. This would be the 2nd time in his 8 years on this earth that I would be claiming him. We were never married. It is not addressed in the current custody order. The IRS stated to me on the phone to file because she will be audited. We can both prove is residency at both homes.

Any advice would be greatly appreciated.

Thanks,

Aaron

Do what the IRS says: Claim the child and when the IRS asks for proof from both parents, you should be able to keep the exemption by proving you had the child in your home for MORE than 6 months in 2010.