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@Drg45 you have the option to either file Married- Filing Joint or Married - Filing Separate.  Normally filing Joint is the better outcome, esp. when one is working and one is not.  96% of married couples file Joint.  The fact that your spouse is incarcerated doesn't preclude you from filing Joint (he does have to sign the return, though).

 

Since the bio-Mom is the custodial parent, you can only claim the child tax credit if she provides you with form 8332.  the fact that bio-dad is incarerated doesn't matter.  what matters is whether Bio-Mom gives you form 8332. 

 

https://www.irs.gov/forms-pubs/about-form-8332#:~:text=More%20In%20Forms%20and%20Instructions&text=I....