Can I claim my child as my dependent for tax purposes? Posted on February 07, 2011

My son has lived with me since Feb. 2, 2009. My decree established in 2003 has my ex-wife as primary care giver and it states she has the right to claim him as her dependent. I have been trying to get child support started since Jan. 2010. My ex keeps having her attorneys get a continuance and we still have not been to court. IRS publication 501 states I am now the custodial parent, but the 2003 decree states she can claim him. Do I have a right to claim him?

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