The IRS cares about physical custody. The custodial parent is the parent with whom the child spent the most nights---at least 183 nights--during the tax year.
There *can* be a signed form---called an 8332 form -- that allows the non-custodial parent to get the child tax credit----but not any of the other child-related credits like earned income credit or childcare credit, and the non-custodial parent cannot file as Head of Household using that child as the qualifying dependent.
If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 17.
As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.
**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.**
