If you have an FSA for dependent care can you significant other still claim the child? I have an FSA but we believe my boyfriend will benefit more from claiming her.

From my understanding if you don't qualify for EIC- whomever pays the most taxes benefits the most. He makes 110k/year, I make 60k/year. His job doesn't offer an FSA and mine does. I'm just concerned that when we file in 2019 I will be required to claim her since I signed up for the FSA.