As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights--at least 183 nights. The custodial parent can claim the child as a dependent and file with Head of Household status, get earned income credit and the childcare credit. IF the custodial parent signs a form 8332 the other parent can get the child tax credit.
If you have some sort if court-ordered agreement about who claims the child, the IRS will not get involved, but it could land you in legal trouble. Tread carefully.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
