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You may claim your son if your were the custodial parent.
Generally, the custodial parent is the parent with whom the child lived for the longer period of time during the year.
You will however have to mail your return in. The return will be processed as normal. Within a year or a little longer, both you and your child father will receive a notice from the IRS concerning the dual reporting.
If neither of you amend your taxes, the IRS will request that you provide proof that you were the custodial parent of the dependent.
The IRS will determine which tax payer gets to keep their refund and which must pay it back along with interest and possible penalties. The parent that the child lived with the majority of the year will almost always win.
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