Legal Question in Family Law in Minnesota
Visitation for Church meeting
Visitation Question.
My son Jordan 14 years old, lives with his mother in Minneapolis, MN
Divorce decree is from 1998 in Minnesota court and Hennepin County.
In divorce decree, it was stipulated that my son Jordan was to attend a church convention called the feast of tabernacles in the fall of the year with me during odd number years, for 10 days, including 2001. To attend with mother during even years.
During fall 2001 my exwife told my son jordan that he did not have to attend the feast with me and he did not.
At no time did I give my consent to this to either the mother or Jordan.
It was my understanding from Jordan that he was going to attend the feast with me this fall of 2002 as make up.
There is no written agreement.
Now both Jordan and the mother are saying, there was no agreement to makeup and that they had my permission and further that Jordan is not going to attend any feast with me in future.
I want Jordan to makeup for last year by attending with me this year and agreement to attend with me future per the decree.
Please esitmate my chances of prevailing? Good? Bad? Coin Toss? Waste of time?
What is estimated cost?
Thanks!
2 Answers from Attorneys
Re: Visitation for Church meeting
I would be willing to take your ex back to court to enforce the divorce decree. I charge $175 per hour and the standard retainer to go back to court is $1,500.
Has your son stated why he does not want to go to the feast with you anymore?
Re: Visitation for Church meeting
If you were taking him on a camping trip I think your chances would be better. Reading between the lines, I have the impression that your son is not interested in attending this event with anyone. At that age they primarily want to hang out with their friends and are embarassed to be seen with their parents.
There is nothing worse than trying to visit with a teenage child who wants to be somewhere else. I know this from personal experience.
My suggestion: ask him if there is somewhere else that he would rather go with you - for example a trip to the Wisconsin Dells this summer (and tell him he can bring a friend). The sad fact is that even if it is because his mind is being poisoned by your X, a court order saying he must go here or there is of little value if your son is unwilling. On the other hand, if there is somewhere he wants to be, chances are no court order can stop him.
You may take this to court if you like, but I see it as a waste of your resources. The courts are poorly equipped to deal with this type of problem. If you had an opportunity to schedule some sessions with you and him at the office of a good counselor or psychologist, that would be money better spent.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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