"and your client might be faced with not claiming that dependent and loosing the $3000.00"

not at all.  If your client has the superior claim to the child, you do want to paper file.  IRS will ask for evidence, ie documents establishing relationship and primary residence (like school records).  Explain this process to your client and that client will have to wait a while for this to be resolved.  No reason to give up a proper claim to $3K!