The IRS determines which parent can claim a child as a dependent using the "qualifying child" test. One of the requirements is that the child must have lived with the parent for more than half the year — more than 182.5 nights, so at least 183.
The parent who clears 183 nights is the "custodial parent" for IRS purposes. They get to claim the child as a dependent, which can include the child tax credit, head of household filing status, and the earned income credit (if eligible).
The other parent — with fewer than 183 nights — is the "non-custodial parent" for tax purposes, even if the custody arrangement is called "joint" in the parenting plan.
What if it's exactly 50/50 and neither parent hits 183?
When overnights split evenly (182/183), the IRS tiebreaker is adjusted gross income (AGI) — whichever parent has the higher AGI gets to claim the child. Parents often sidestep this by agreeing in their parenting plan to alternate who claims the child each year, regardless of the overnight count in any given year.
Can the non-custodial parent ever claim the child?
Yes, if the custodial parent signs IRS Form 8332 releasing the exemption for that year. This is a common arrangement when the non-custodial parent has a higher income and would benefit more from the deduction.