Legal Question in Family Law in Minnesota

Visitation

After 7 years of no contact, the ex-husband has decided that he wants to exercise his visitation rights,he has recently been court ordered to pay child support, or spend time in jail d/t an enormous amount of past due support, and has beed compliant with this for 3months now. The children do not want to spend time with this ''stranger'' they are 12 1/2 and 9 years old. This man has shown absolutely no interest in these kids since Sep. 1995. Shouldn't he have exercised his rights long ago? Legally, does he have a leg to stand on? Thanks.


Asked on 12/10/03, 3:28 am

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Visitation

As long as his parental rights have not been terminated, it's never too late for him to get involved.

It might be a good idea for him, you or both of you to enlist the services of a professional counselor for advice on the subject of how best to reintroduce him to the children.

In the long run most children are better off with a father involved. This could be a good thing.

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Answered on 12/10/03, 11:23 am
J. Chris Carpenter Harvey and Carpenter

Re: Visitation

I am assuming that this is a dissolution order from Minnesota.

Yes, a parent can always re-establish their bond with their children.

However, the court won't just send the kids off with a "stranger".

The court will set up a graduated parenting time program, that

builds up over time and eventually matches whatever parenting time

he was awarded in the original decree.

If a expert (psychologist or some other counselor) provides

information that the parenting time will emotionally harm one or

both of your children parenting time might be more restrictive than

it was at the time of your dissolution.

Remember that our statutes look to see who is most likely to

encourage parenting time with the children. There is a statute that

provides that a parent who wilfully interferes with parenting time of

the other parent could lose custody. When your ex makes his

request, you should write back and keep a copy (so you have a

paper trail) telling him that you agree he should have parenting

time, but that it should start out with an hour or two visit and slowly

build over a few months to more. Suggest working with a therapist.

Then you won't be seen as interfering with his parenting time. Please call Sue Chambers with any questions.

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Answered on 12/10/03, 12:42 pm


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