Can I claim child care credit w/o claiming him as dependent?

Ran asked:


I paid daycare expenses for my son last year. I am letting his father claim him as a dependant, BUT I claimed his daycare expenses (only)... is this legal? I was able to do so on TaxCut this year and last. My son's father and I aren't married, but we live together. My son's father had his taxes done by H&RBlock and was told I can't claim daycare expenses (I PAID!!) if I do not claim him as a dependant. I checked taxcut and the way it's worded says I can claim child care credit on child I am not claiming, Please help.

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