Minnesota  |  Family Law

Legal Question

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

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.

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