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    Jessrabbit's Avatar
    Jessrabbit Posts: 3, Reputation: 1
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    #1

    May 14, 2012, 07:32 PM
    Can a child choose to live with a unbiological parent
    My ex and I sperated and he tried to get custody over my daughter. We did a paternity and she is not his. I got custody. He still got visitation but pays no child support at all. Now he's saying that she can choose to live with him. Can she do that with her not being biologically his. HELP!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 14, 2012, 07:36 PM
    A child can't choose. Only a court can award custody. Since they already did I don't see them changing it.
    Jessrabbit's Avatar
    Jessrabbit Posts: 3, Reputation: 1
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    #3

    May 14, 2012, 07:44 PM
    Thank you! She's only ten and with him not being biological I feel as though he got a lot considering he's not the biological father, and not having to pay child support. Thank you so much for your quick response!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 15, 2012, 03:15 AM
    At 10, the court is unlikely to even listen to her preference.

    Were you married when the child was born. He might still be the legal father even if he isn't the bio father. How long were you together?
    Jessrabbit's Avatar
    Jessrabbit Posts: 3, Reputation: 1
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    #5

    May 15, 2012, 05:23 AM
    Quote Originally Posted by ScottGem View Post
    At 10, the court is unlikely to even listen to her preference.

    Were you married when the child was born. He might still be the legal father even if he isn't the bio father. How long were you together?
    We were never married. We were together 2 years. He cheated, when we went to court they told me that my husband could adopt her and that he had more rights over her than him. She also said that the child shouldn't call him dad etc due to confusion of the child. He hasn't listened to that either. And if he is the legal father, should I take him to court for child support since he's already getting parental rights to her?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    May 15, 2012, 06:04 AM
    The child is 10, was she born during those 2 years you were together? If he is alienating the child against you, that is against the law.

    I would have your husband adopt and get him out of the picture.
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