My son is 13 and his father is not on the birth certificate. Can my son choose to go live with his dad without his dad proving paternity.

You son can't do anything, unless the parent with custody allows it.

I will assume that there is no order for custody, and no child support order. So for the bio dad to get custody and the child go live with him, Bio dad will need to file in court to prove paternity, and ask for custody of the child.

IN most cases you will have to still agree for him to go, since you have been the custody parent all these years.

I mean do you want him to go ?

Absolutely not, I don't want him to go. I know in custody cases when they are 12 he has the right to choose but I din't know in a case where there is no proof of paternity. In October I allowed him to go live with his dad for one year. It is not the best environment for him. His dad is telling him he has the right to choose. We were never married and there has never been child support or custody. His dad has barely been a part of his life until oct when he wanted to go live with him.

Very incorrect, no at 12 they do not have a "right" to choose, at 12, most courts will allow them to testify in court, when the non custody parent files for custody. But even then the court does not have to do what the child wants, since both parents can provide evidence to support their case.

And no, he has no choice at all, if he bio dad wants to file for custody or at least child visit, then the child can say, but you can present how he has not been present and other evidence, and most likely even then, all he will get is visits.

Dad is playing games, he is trying to turn the child against you, let your son read this post, so he knows that dad is playing games, not telling the truth, and using 1/2 truths about the law ( that even you misunderstood)

So if dad really loves him and wants to even visit, he has to buck up and file for it in court.

Where can I find that in black and white. Not that I don't believe you but just so I can have it if it comes up. THANK YOU so much for your help!

Call the Texas AG office:
Access and Visitation Hotline and website

The Texas Access and Visitation Hotline is the only service of its kind in the nation that provides noncustodial and custodial parents with free phone access to attorneys who provide legal information and assistance related to child custody and visitation issues, as well as paternity and child support information. Hotline attorneys do not represent parents. Rather, they provide explanations of legal orders; provide tools and guidance for resolution of child access issues; and answer parents' questions regarding possession and access orders, custody, paternity and child support.

The toll-free number (866) 292-4636 is answered in English and Spanish, Monday - Friday, 1-7 p.m. The hotline has a corresponding website, Texas Access - Every child needs the love of both parents (http://www.txaccess.org), where parents can download sample materials and tools for assistance with child access issues. Additional brief legal coaching or self-help assistance may be available to eligible Hotline callers.
From https://www.oag.state.tx.us/cs/ofi/index.shtml

No US state allows a child to choose the custodial parent. The decision is always up to a judge based on the best interests of the child. However TX does have guidelines that require a judge to give consideration to the preferences of a child over 12.

However, before the father can even apply for custody he will have to prove paternity.

Thank you

That silly idea that a child can decide is merely folk tales, based on the fact that in a good relationship where both parents have been involved all along, and there is no reason for them not to, if the non custody parent files for custody, and the child wants to go, the judge will normally allow it.

Next often at teen years, one parent will just allow the child to go "unofficially" if and when they are having issues with them. At 16 for example I let my teen go live with my parents ( his mother had passed away) Years latter he regretted that choice, and I don't say I told you so too often.

But if you are allowing contact, you should ask him about support, right now he is mouthy since most likely he is getting it good without having to pay. If he wants to go to court, go after support