Filing status/EITC and dependent?

[Godolsky]

I am single -unmarried with a 5 yr old son. I have some questions regarding filing status/ EITC and dependents. My son lives with me but his dad pays daycare. Dad does not qualify for EITC due to his income. My income meets the qualifications. Can dad claim him as a dependent, and I separately claim just the EITC?  Also what would my filing status be-single or can I still claim head of household even though I am not claiming him as a dependent?

[ThomasM125]

You can claim head of household even if the other parent claims the child as his dependent, provided the child lives with you and you meet all the other qualifications for being a head of household. The same is true for the earned income credit.

[Godolsky]

Thank you so much for the help. Just to clarify to make sure I do it correctly, I can file head of household and earned income credit even though I’m NOT claiming him as a dependent (I have no other dependents). 

[KatrinaB48]

Yes, you qualify to claim the earned income credit and the head of household filing status under the IRS rules for divorced or separated parents. When you enter your child's information into TurboTax make sure to indicate how many months the child has lived in your home during the year (it must be more than six months) and indicate that you are allowing the noncustodial parent to claim the child as a dependent.