Legal Question in Family Law in Minnesota

My ex husband and I have shared Joint legal custody. I have my son with me and he has parenting time on every other weekend and one evening night a week etc.

In our divorce we agreed that all Major medical decisions would be made equally.

Our son who is 7 has been diagnosed with adhd. He is struggling with controlling himself at home and at school. (With reprocussions occuring at school)

My ex contests that he and his girlfriend do not see this behavior when our son is there and do not feel he should be getting any help.

Our son's doctor has made it clear she wants to start therapy to try and help our son. I do not at this time have the option for medication as my ex has also, been very against that. I need to know what I can do. In our court order it states we are to go to mediation to resolve conflict before going to court. The last mediation session my ex just got up and walked out. He is arguing that our son needs more time with him and not therapy. In addition to me wanting to get help for my son, I also want to get control over this situation. My ex and his girlfriend send me emails that are very disrespectful, rude etc. I feel so trapped and really want to get my son the help he needs. What can I do?


Asked on 1/22/15, 10:25 am

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

This appears to be a duplicative post. See prior reply. Do please secure experienced attorney assistance and counsel at this time. Tricia Dwyer Esq Minnesota Divorce Attorneys Minnesota Family Law Attorneys Minnesota Family Law Mediator Minnesota Post Divorce Legal Issues Attorneys ph 612-296-9666 365 days 'til 6pm daily

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Answered on 1/22/15, 11:46 am
John Jesperson Minnesota Lawyers - Jesperson Law Offices

This is a common problem What should be done depends, in part, on how you have dealt with issue in the past. You mention that you attempted some form of mediation. I cannot determine from your posting whether this was in connection with this issue, or with some other issue. If you attempted mediation for this, the next step would be to bring a motion to address the issue. If you have not previously attempted to mediate this issue, and your decree contains a "mediation clause," most of the judges in Olmsted County will require you to mediate before you appear in court. That being said, you can schedule a mediation and, at the same time, schedule a hearing, allowing enough time for the mediation to be completed before a motion would have to be filed. Whether you are mediating the issue, or bringing a motion, you will need a report from the doctor, with a recommendation for treatment. In my experience, Kathryn Snyder at Conflict Management does a large number of family court mediations in Rochester. Perhaps you have already dealt with her, maybe prior to the conclusion of your divorce. She tends to be fairly prompt with her services. Whether you should proceed with mediation (with her or anyone else) depends on the history of your case, the mix of attorneys that were previously involved, and what sort of experience you have had with the court before and after your divorce (i.e., was the case settled, with or without the assistance of the court, and have you appeared in court in any post-decree proceedings, and if so, with which judge(s)).

Feel free to call my office if you have further questions or concerns.

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Answered on 1/22/15, 1:20 pm


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