Legal Question in Family Law in California
teenager wants to live with me, not the current parent
My teenage child wants to move from the mother's residence in CA to my residence in IN. There is no custody agreement and I was not named on the birth certificate. There is no dispute between the parents, which makes it less complicated.
It's only logical that an agreement is needed to remove the child from CA and to be placed in school in IN. I will be visiting the Sonora area in 4 wks. I would like to be prepared to bring the child to IN with no loose ends.
2 Answers from Attorneys
Re: teenager wants to live with me, not the current parent
The whole process is going to take more than four weeks, but if everyone cooperates (both parties and the courts), you can get it done within a couple of months.
Courts give great deference to a child age 14 and over in Indiana as to decisions about which parent to live with.
If you and your ex are in agreement that the child come live with you, that will make it much easier.
Was anything ever done in court at all as to the relationship or the child? If so, that court would have "original" jurisdiction. If not, you could file something as to the custody in the court here, but your ex would have to be in agreement with it because the court in Indiana probably wouldn't have jurisdiction over her otherwise.
You can establish paternity administratively by completing an affidavit at the local health department in the jurisdiction where the birth occurred. A legal determination of paternity will exist 60 days after the affidavit is properly completed. It can also be done via court determination. You can file a paternity action in court. The parties may then agree to the paternity or there may be a blood test and hearing. This is probably the route I would recommend.
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Re: teenager wants to live with me, not the current parent
You need to get a court order establishing paternity. The best place to do that appears to California, where the mother and the child live. A petition to establish paternity can be filed and served on mom. If she files an answer admitting that you are the father, a stipulated judgment can be sent to the court for a judges signature. Part of that judgment can be that the child will reside with you in Indiana. This would allow you to register her in school and obtain medical treatment for her.
If this procedure cannot be completed while you are in California, you can obtain a letter from mom stating that you are the father and she has agreed that the child reside with you in Indiana. This should allow you to take her back with you, assuming that mom and the child are willing to proceed with this agreement.