My daughters father has not seen her more then a half a dozen times since she was born, she is now almost 9 years old and I have asked for child support to be reviewed. Now he is saying he wants to have visitation with her unless I stop the review of child support. He has paid his child support every month but has never been a father to her. She knows him thru his Mom, sister, and his ex-wife, but she has never spent any real time with him. I want to know what his rights really are? He didn't even know that her and I had moved until he got the paperwork for the review. I just don't know what is what about all of this.
He has every right that you have - with the exception of a visitation right. Assuming you have a order on summary judgment that placed the child in your custody when child support was set. There is nothing to prevent him for seeking a parenting plan and in fact the court will likely begin the process of setting up visitation. It would probably be phased in over the course of a period of time. Such phase in would start small and expand over time. In general, whether a parenting plan exists or does not exist -support will be based on income and not whether he sees or does not see the child. A parenting plan will also come with a requirement to adhere to the Parent Relocation Act. You question implies that he doesn't have any rights. I think what you really mean is that he has elected to never assert any of those right. If he has not found a compelling reason to regularly visit his daughter after 9 years - a child support modification is not a particularly compelling reason to start. However, he could make the petition. (He could request medical records, he could request school records, if he dies without a will his daughter could inherit, he can place her on his insurance - stuff like that)
It is contempt of court to condition a parenting plan issue ("I want to see my kid unless you don't modify support") against a child support issue, leaving him potentially vulnerable to arrest. Get him to say this in writing. Proceed with your modification. When and if the Father ever does anything to establish contact, provide the proof of what he said. Consider what is best for your child. It would probably be best for your child to have a positive/loving relationship with the Father. How is that going to occur?
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