Claiming EIC with 50/50 placement

What is the name of your state? Wisconsin

Is it legal to claim Earned Income Credit on either your Federal or State tax return when you have 50/50 placement and custody? The way I read the tax codes you must have your children over 6 months to claim this. If you have 50/50 placement and custody with your ex spouse, how is that possible. Lastly, what would the penalties be if it is not legal?

If a child lives exactly 6 months with each parent, then neither parent is qualified for Earned Income Credit (EIC). Claiming EIC illegally will result in paying back any EIC received plus interest and penalty; and can also result in a disallowance of EIC for up to 10 years.

Basically, EIC returns get a lot of attention from the IRS.