Yes, as long as the child is physically living with you. If the petition is against the child’s father, paternity must be established (even if there is no legal custody order). To read about the definition of paternity and how to establish paternity, go to How is paternity (legal fatherhood) established?
WomensLaw serves and supports all survivors, no matter their sex or gender.
© 2008–2021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.
English
Español