Earned Income Credit for joint custody

My ex-husband and I share joint custody of our son. My ex is claiming our son as a dependent this year (we flip flop years), but he doesn't qualify for the Earned Income Credit (he makes too much money). Can I still get the EIC if I claim our son a "non-dependent for EIC only"? Is it possible for my ex to claim dependent and receive the Child Tax Credit and for me to claim non-dependent for the EIC? I've read what others were saying about custodial and non-custodial, but we share custody so it's really hard to say who had him more. What are our options? My ex and I want to work it out where we both get our deserved amounts.

Thank you!!
    only the custodial parent can claim the child as "non-dependent for EIC/dependent care credit only".
    The custodial parent would be the one with whom the child stays more nights.
    • Did you ever find out the answer? I am in the exact same situation as you are with my ex-wife and daughter. It seems the answer one person provided didn't clearly answer it.
    what's the problem with the answer? Since the year had 365 nights, the child must have stayed with one parent at least one more night.
    • I am in the same situation. And bine, the problem is that from what I've read, if the child stayed with both parents an equal number of nights, the parent with the higher AGI is the custodial parent. So I'm not sure about anyone else, but for me that raises the same question, "Is it possible for me to claim the EIC if I claim our son as a non-dependent?" It seems to me that it is possible if I do not file HoH or claim the Child Tax Credit, but I'm afraid that it isn't right. Please help!

      Thank you!
    @aimeeb16:  The year had 365 nights, so the child must have stayed at least one more night with one parent.
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