The custodial parent (parent with whom the child spends the most nights) can claim the child care expenses even if signing a form 8332 to allow the non-custodial parent to claim the child as a dependent. The non-custodial parent cannot claim the child care credit.
If the child's other parent is custodial she would have indicated the child lived with her more than 1/2 the year. She would have claimed any child tax credit plus any child care credit and could have file head of household.
If the other parent is not custodial and you are, she should have indicated the child lived with her less than 1/2 the year but was able to claim the dependent due to an agreement with you by court order. If this is the case you are custodial and can file that the child lived with you for more than 1/2 the year (7 months or longer) and that you are signing a form 8332 giving the other parent the dependent claim.
You would then be able to claim the child care credit on your return and file head of household if you maintained a home for you and the child.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
