[rtuck29]

I would like to know what can I do about my daughter's father, he claimed her on his taxes and I did not tell him he could because she lives with me and my husband and has always stayed with me. Now he took it upon himself and filed her anyway and did not tell me well when my husband filed her they rejected his claim and stated that he was filing a child that had been filed so when I asked him about it he said that he didn't see the issue and that there was nothing that could be done about it . I would like to know is it and also will my husband be able to file her?

[AtlantaTaxExpert]

As the custodial parent, YOU get her dependency exemption unless the divorce decree (a legal document to which the IRS will adhere) says otherwise.

You need to re-rile the return by mail, claim her exemption and provide a cover letter explaining that you are the custodial parent who is claiming the exemption.

The IRS will then compare the returns and contact your daughter's father to get HIS side of the story. Once they find out that your ex does NOT have custody, they will dis-allow the exemption.

It may delay your refund by about a month, but, in the end, you will get the exemption for your daughter.