I have legal full custody but my ex-wife refuses to send my son back home, so he lived with her over half the year and she claimed him.
So, I've had full custody of my son almost his whole life. He was born in 2006, and my ex-wife and I finished our divorce in late 2008. In the agreement I have full legal custody. In August 2018, he was supposed to go stay with her for a couple of months when I hit a rough patch with my contract ending at work, as I wanted to make sure he was cared for while I got my finances in order, but she has refused to send him home for almost 2 years now. I went to court in Washington, where my son and I have lived since 2011, and was told that since the custody agreement is in Florida, it is outside of their jurisdiction. My initial court battle drained me of all the funds I had for lawyers at the time.
My ex-wife has now claimed my son on her taxes for 2019, I assume on the grounds that he lived with her for over half the year. However, he's not supposed to. She's in blatant violation of our custody agreement and he's supposed to be here, as she does not have any custody at all.
Who, then, is allowed to claim him on their tax return? Me, who has full legal custody, or her, who he has stayed with for the entire year, even though she was supposed to send him home well over a year ago? It's essentially kidnapping, but because I let him go with her initially it's a civil matter.