Legal Question in Family Law in South Dakota

Family Law

My ex and I are going through a paternity battle right now. She sent me a set visitation schedule that I have to follow, claiming that the judge signed it and it is official. No judge has signed anything yet at all concerning our case. IS this a violation of some law? My lawyer insists also that it is a lie and no papers on visitation were signed. Yet she resuses to answer my question as to whether or not this is a violation of some law because she says she will look like ''an asshole''


Asked on 1/07/09, 10:12 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Family Law

I am not licensed in South Dakota, so this is not legal advice, just some comments for you to consider:

The only question here is, "Why is one party sending material to the other, who has a lawyer?"

It's one thing for parents to be amicably discussing parenting matters. It's another to be "serving" documents on the other parent and proclaiming them "set schedules that you must follow."

No, it's not a violation of some law, it's what's commonly known as "jerking you around." Properly filed documents would be sent to your attorney of record, who apparently has not received them. Your attorney can ask the clerk of court for a printout of the docket to make sure attorney has everything filed by the other side. Your attorney can also formally request (in writing to the other attorney, if mom is represented, or directly to mom if not represented) that mom not discuss matters directly with attorney's client, and stop claiming that documents have been filed and adopted as orders when they have not. You can also hand over everything mom sends you.

This might be your first experience with a family law dispute. It is not unusual for parties to try to gain advantages by bending the rules. Your attorney has seen it often enough to not get excited about it, but it's new to you and it stings. But your lawyer is right -- she's a pro and the court expects her to act like one by maintaining a cool head.

if your attorney was not properly served, mom is probably not being truthful.

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Answered on 1/08/09, 12:49 pm


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