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    • CHILD RIGHTS???
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Question from scared_9000Nov-3
I have recently moved from Indiana to Alabama. I have a 13 year old who keeps telling everyone that when she turns 14 she will move back with her father. Her father and I never went to court over custody. Does he have any rights to her up to this point?
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pg1067 Nov-3 78980.2
You haven't provided sufficient information to address your question.  Were you and the father married?  If so, are you still married?  If not, what orders did the divorce court make regarding custody and visitation?  If you never were married, was paternity every established pursuant to Indiana law?
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scared_9000 Nov-3 78980.3
No we were never married and he has never been tested. But now that we have moved down here his side of the family has put it in her head that when she turned 14 she can decide who she wants to live with and that I will have no choice in the matter.
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pg1067 Nov-4 78980.4

"his side of the family has put it in her head that when she turned 14 she can decide who she wants to live with and that I will have no choice in the matter."

That's just plain silly.  And, if paternity was never established (when you say "he was never tested," I assume you're referring to a DNA test, but that's not necessarily the only way to establish patenity), then the "father" has no enforceable legal rights.

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scared_9000 Nov-4 78980.5
So am I correct in thinking that he would have to prove peternity and take me to court for custody? Would I be able to get back child support for the last 13 years? His name is on the birth certificate does this make a difference in his rights to let her move in with him even though we never went to court over custody and child support?
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pg1067 Nov-4 78980.6

"So am I correct in thinking that he would have to prove peternity and take me to court for custody?"

I'm not familiar with the specific procedures in your state.  However, he would presumably file a petition to establish paternity and seeking orders regarding custody, visitation, and child support.

"Would I be able to get back child support for the last 13 years?"

No.  If you wanted child support, you needed to apply for that.  You can only get child support on a going forward basis.

"His name is on the birth certificate does this make a difference in his rights to let her move in with him even though we never went to court over custody and child support?"

I don't know if being named on the birth certificate has any legal signficance under Indiana law.

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scared_9000 Nov-4 78980.7
Would I have to go by Indiana laws or since I live in Alabama now would I be under their legal system?
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pg1067 Nov-5 78980.8
Because you now live in Alabama, any legal proceedings should be brought in Alabama.  Assuming the child was born in Indiana, Indiana law would determine the significance of the father's name being on the birth certificate.  All other issues should be governed by Alabama law.
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