Legal Question in Family Law in Florida

My husband was the non-custodial parent of his now 17 year old son. His mother was granted "Temporary" custody many years ago after a long legal fight through the courts for visitation rights which she did not obey. At one point he was granted "temporary" custody for a short period, then she got it back. She passed away in January of 2006. We allowed him to complete his education in another county where he had attended since Kindergarten and during the school year reside at his maturnal grandmother and grandfathers house (where he had lived during mothers custody, as she was not suitable to care for him herself) but permanently resides with us otherwise. The grandmother has received death benefits for him in the mothers name since her death, and we have allowed it due to the fact that she was her mother and as a form of financial support while he attends school. We have since her death claimed him on our taxes but as of tax year 2008, she has somehow got the IRS to adjust our taxes for that year as if we are not allowed to claim him.

Isn't my husband the now rightful custodial parent by default with her death? And if so, where in the Florida statutes does it give him those rights so that we may send the information to the IRS to dispute their findings?

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