Legal Question in Family Law in Minnesota

Visitation for non custodial parent

The father of my sisters two children who has not been involved in their life ever is now going to sue her for visitation. They are 3 and 4 years old. they know nothing about him. He has 8 other children, none of which he has custody of. What can she legally do to stop him from getting visitation?


Asked on 7/28/00, 1:58 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Visitation for non custodial parent

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult an attorney of your choice conerning the specifics of your case.

Response:

There is probably nothing she can do to absolutely stop visitation. Since the children don't know him, the court will want to introduce the father gradually to the children. A guardian ad litem - attorney for the children - may be appointed to watch over this process.

In order to prevent visitation completely, there would have to be evidence that the father is going to gravely harm these children some way, either physically or emotionally. Unless he's a previous offender of some kind, it's nearly impossible to prove something like that in advance.

Finally, I'd like you to consider this. The children need a Dad. If he would actively become part of their life, it could be the best thing that ever happened to them. A father in their life could mean less drug problems, less alcohol problems, less trouble with the law, better grades in school - and a better chance for successs in life later as adults.

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Answered on 9/12/00, 6:14 pm


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