If I claim my son as a dependent, can his dad claim him on EIC if I allow it. Or can he claim as a dependent and I claim EIC.
Start here: http://keithtax.hubpages.com/
Based on the information provided, it appears that you are the custodial parent (defined as the parent the child spends the greatest number of nights during the calendar year). If that is the case, it appears that once you fill out Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, the father will be able to claim the child as a dependent and you will be able to claim EIC. As a noncustodial parent, the father would only be able to claim the dependency exemption and child tax credit if he can meet the requirements. He would not be able to claim EIC as a noncustodial parent.
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