Can the judge give a uncustodial parent permission that they still claim there child and pay child support at the same time.

Yes, the judge can technically do that, HOWEVER, the IRS does not go by family court guidelines.  So if the non-custodial parent claims the child and does not meet the qualifications, the IRS would not necessarily judge's the judges orders. 

That a legal question to ask your attorney.  We cannot give legal advice.