My spouse has a child from a previous relationship. She and the biological father have a pre-existing agreement for him to be able to claim the child as a dependent on his taxes, even though the child primarily lives with us (father has visitation rights that don't exceed two nights' stay at his residence) My wife doesn't work, and I'm the only one who brings in income, so we file our taxes jointly. Can I still claim the child for EIC and his biological father claim him as a dependent?
