If the child is your dependent and meets the requirements, you could file Head of Household.
Be sure the other parent does not still consider the child as their dependent.
Since the child is a student, the sticking point is this- "What is the home of the child when they are at school?".
A dependent student is considered "at home" even when they are away at school. If the other parent still has a room for the child, and the child is expected to return there once school is over, the other parent may still be claiming that student child.
Only one Taxpayer can claim the student as a dependent.
Please see this TurboTax Guide:
"The eligibility of a qualifying child or dependent extends beyond just your own son or daughter. To be considered a qualifying child, the child has to meet the criteria in each of the following categories:
- The child is your biological or adopted child, stepchild, foster child, sibling, step sibling, half sibling, or a descendant (child, grandchild, great grandchild, etc.) of one of these relatives
- The child lived within your home for more than six months during the tax year
- The child needs to be younger than you
- As of the end of the tax year, the child is under 19 if he is not a student, or under 24 if he is a full-time college student
- The child did not pay for more than half of their living expenses during the tax year"
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