Call the IRS and ask them. When I was in the same situation they told me that I could file head of household and claim all of the children that resided with me for more than 6 months. You husband should not be able to claim the children as his dependents if they were not dependent on his support.
As for having a stranger (someone not releated to the children) claim them as a dependent IRS would have to answer this or go on www.IRS.gov and look up the definition of a legal dependent. It may be he can claim them....
Since I have sole physical custody I get to claim the kids on my taxes. New IRS laws (Form 8332) which the custodial parently would have to fill out and sign before the non custodial parent could use the kids as exemption. My child support also considered in the figures taxes (they added 2000.00 to my yearly wages) so I will always claim the kids not him. Nothing in our divorce papers states otherwise.
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