No, only the spouse with whom the child lived for the most nights (the custodial parent) can claim the Child Care credit. You would enter the child in your return. At the end, the child's status would show as Nondependent-for EIC and Child care Only if you are allowing the noncustodial parent to claim the child as a dependent. what that means is that you can pass the right to claim the child's personal exemption and the child tax credit to the other parent if you give them an 8332 form, but you cannot give them the Earned Income credit or the Child care credit.
