Legal Question in Family Law in Minnesota

My ex sued me for visitation with my children under Minnesota third party visitation. We settled, but had what I now see was a very bad judge and I had a bad lawyer. I agreed to the visitation, but never stipulated to her meeting the strict criteria for third party visitation. The judge also never ruled on her status. So we just had this settlement giving her visitation time that he signed as an order. Now, because of her behavior, I do not want her having nearly so much time with the kids. I am going back to court now to modify the order, but another lawyer told me that I may be able to simply disregard the original. He said that since I never specifically stipulated to her third party status under the law, and the judge never ruled, she has no legal right to visitation. And since she has no legal right, the court cannot enforce an order requiring me to send them with her. My lawyer is looking into it, but I'm just looking for other opinions. Thanks.

Asked on 8/18/13, 6:01 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. If you are being assisted by an attorney, you should turn to that attorney to address your questions and concerns as to law and rights and options. If you are displeased with your present attorney, then do seek alternate assistance at this time. You may also seek a second opinion from an outside attorney. You may certainly phone me. The attorney helping you will want to read a copy of the present Order. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

TRICIA DWYER, ESQ.

TRICIA DWYER, ESQ & ASSOC PLLC

TWIN CITIES AND OUTLYING METRO TO ST. CLOUD

PHONE 612-296-9666

FAMILY LAW

CHILD CUSTODY & PARENTING TIME LAW

FAMILY LAW MEDIATOR

PARENTING TIME EXPEDITOR

CHILDREN & THE LAW

CHILD WELFARE LAW

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8/18/13, 6:07 am

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