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In reply to the discussion: Rapist seeking visitation with child he fathered after attack on teen victim [View all]happyslug
(14,779 posts)There is a difference between a Father who can pay support and a Father who can not because he is in Jail. The Father was given a 16 year sentence and by reading the article, this is based on the fact that child is two years of age this year (The article states that the Father was sentenced to 16 years probation, and that would be till the child turns 18). Thus if the Father misbehaves in any way, he is in violation of his probation and he goes to jail (This includes NOT paying child support). The Mother and her family wants the payment changed to restitution not support. Massachusetts must tie in Payment of Support with Visitation (I live in Pennsylvania where the two are NOT connected) for otherwise they is no reason for the change.
Remember the key to most Courts is NOT the Visitation order, but the Support order. That is the concern for most Judges, to make sure the child has as much support as possible from both parents (It is assume the mother is doing so, for the child is living with her). Jailing the Father does NOTHING on the issue of support for the child, and notice the Mother and her Family are NOT complaining about the Probation, but that the order says the Father has to pay support not restitution. Thus this is a dispute over HOW the payment to Mother should be categorized as, not the amount of how much mother should be getting.