CHILD CUSTODY

First question.

why was he listed on the birth certificate if he wasn't the biological father?

what you need to do is get him to consent to take a DNA test to prove he isn't the father. At which point he will not win any custody of the child.

secondly, if she is being molested by a family member while over there, she should call the police an file a report against whomever that was.

If he is listed on the birth certificate then at some point in time he either signed the paternity of affidavit saying he was the father or he was established through the courts by means of POA or DNA. You only have a certain period of time to revoke the paternity if he is not the real father. If that period of time (usually two years) is up then he IS the father in the courts eyes and has as much right to the child as the mother.
The allegations (and I call them allegations because proven he would not be allowed to see the child if he was knowingly allowing this to happen) are true, then you should take immediate action by filing a police report, taking the child to the rape intake counselor at a hospital and file a restraining order.

I WAS GOING THROUGH A DIVORCE AT THE TIME WHICH WAS 11 YEARS AGO AND I WAS PREGNANT. HE AND I STARTED DATING AND WHEN SHE WAS BORN HE WANTED WAS LISTED AS HER FATHER ON THE BIRTH CERTIFICATE. WE HAVE WENT TO THE POLICE AND THE CHILD ADVOCACY CENTER WHICH WAS A YEAR AGO AND PROSECUTION WOULD NOT PROSECUTE BECAUSE THEY SAID THAT IT WAS HIS WORD AGAINST HER WORD. I WAS NOT INSTRUCTED AT THE TIME BY POLICE TO HAVE AN EXAM DONE SO THEREFORE I DO NOT HAVE THAT. IT HAS BEEN A YEAR AND I HAVE NOT DENIED HIM VISITATION I JUST HAVE NOT ALLOWED HER TO GO BACK TO HIS HOUSE OR BE AROUND THE PERPETRATER, TO WHICH 1 YEAR LATER HE IS TAKING ME TO COURT ON THE GROUNDS OF CONTEMPT FOR NOT ALLOWING HIM VISITATION WHICH IS NOT TRUE HE HAS PICKED HER UP AND TAKEN HER OUT OF TOWN TO HIS OTHER DAUGHTER'S HOUSE AND SPENT THE WEEKEND. IT HAS BEEN HIS CHOICE NOT TO COME AND GET HER BECAUSEI ONLY TOLD HIM THAT SHE COULD NOT GO TO HIS HOUSE OR BE AROUND THE PERPETRATER AND HE HAS BEEN THE ONE THAT DID NOT WANT TO MAKE OTHER ARRANGEMENTS. SO DOES HE HAVE ANY RIGHTS TO HER EVEN THOUGH HE IS NOT HER BIOLOGICAL FATHER, HER BIOLOGICAL FATHER IS MY EX-HUSBAND.

I WAS GOING THROUGH A DIVORCE AT THE TIME WHICH WAS 11 YEARS AGO AND I WAS PREGNANT. HE AND I STARTED DATING AND WHEN SHE WAS BORN HE WANTED WAS LISTED AS HER FATHER ON THE BIRTH CERTIFICATE. WE HAVE WENT TO THE POLICE AND THE CHILD ADVOCACY CENTER WHICH WAS A YEAR AGO AND PROSECUTION WOULD NOT PROSECUTE BECAUSE THEY SAID THAT IT WAS HIS WORD AGAINST HER WORD. I WAS NOT INSTRUCTED AT THE TIME BY POLICE TO HAVE AN EXAM DONE SO THEREFORE I DO NOT HAVE THAT. IT HAS BEEN A YEAR AND I HAVE NOT DENIED HIM VISITATION I JUST HAVE NOT ALLOWED HER TO GO BACK TO HIS HOUSE OR BE AROUND THE PERPETRATER, TO WHICH 1 YEAR LATER HE IS TAKING ME TO COURT ON THE GROUNDS OF CONTEMPT FOR NOT ALLOWING HIM VISITATION WHICH IS NOT TRUE HE HAS PICKED HER UP AND TAKEN HER OUT OF TOWN TO HIS OTHER DAUGHTER'S HOUSE AND SPENT THE WEEKEND. IT HAS BEEN HIS CHOICE NOT TO COME AND GET HER BECAUSEI ONLY TOLD HIM THAT SHE COULD NOT GO TO HIS HOUSE OR BE AROUND THE PERPETRATER AND HE HAS BEEN THE ONE THAT DID NOT WANT TO MAKE OTHER ARRANGEMENTS. SO DOES HE HAVE ANY RIGHTS TO HER EVEN THOUGH HE IS NOT HER BIOLOGICAL FATHER, HER BIOLOGICAL FATHER IS MY EX-HUSBAND.

You have a lot going on here. In regards to contempt he can only file contempt once for the whole time he claims you were not allowing him to see the child. It will only count as one if they find you in contempt. Just remember to respond to his petition when he serves you.
You need to go to vital statistics for your county and see if you had him sign a Paternity of Affidavit (Acknowledgement of Paternity basically) and/or go to the court house and see if he is established as the father. Since it has been 11 years if there is either one of those things, then he HAS rights. What you need to do now is attempt to modify the parenting plan for the child safety when you respond to the contempt paperwork. If you have already filed your paperwork it isn't too late to serve and file him with it. Unfortunately if he stops taking the child around the person that you say molested the child, then he can be a part of the childs life whether is is really the bio-father or not. He is in the courts eyes. (with the POA)

If he signed the birth certifacte as the father then yes he has legal rights,even if he is not the bilogical father. However if the child has been molested while in his care I would be filing a motion to the court to take away his visitations until you find out who did it and why it happened while she was in his care. I hope that you made a police report. I don't know why you would of let him sign as being the father on your childs birth certificate,but since you did you gave him the legal right to be the father. If you have know order though the court stating he has visitations do not let him near your daughter. Call CPS right away and get them involved they can do alot more then just you alone.