10.9.1 Custodial Parents 10.9.1 Custodial Parents aetrahan Fri, 02/03/2023 - 11:55 In most cases, a child of divorced or separated parents is the “qualifying child” of the custodial parent for EIC purposes. The “custodial parent” is the parent with whom the child lived for the greater part of the year.1 1I.R.C. § 152(c)(1)(B).