Legal Question in Family Law in Minnesota
I have just recently begun divorce and custody proceedings, we have been legally seperated since October 4, 2014. On February 15, 2015 my wife (we will call her W) showed up at my residence at 2:00AM with injuries to her face and body, having just been assaulted by her boyfriend (we will call him D) whom also stole her vehicle and cell phone at the time. In March (21st I believe) my 3 year old daughter made a comment about her bike being left at D's house from a recent visit. Qhen confronted about bringing my daughter around the abuser, W Initially denied it. After some argument, she admitted to it, at which point I made it very clear our daughter was not to be around D. This last week our daughter again commented about being at D's house. After talking to her gently to get details I found out that not only was she at D's, but W stayed the night there with our daughter. She had our daughter in bed with herself and D, having her sleeping In the middle of them in only a t-shirt and panties (placed in the middle only after W was done "cuddling on top" of D). Because custody isn't yet established, I had to allow W to take our daughter for her scheduled weekend. When she returned home, she wouldn't talk about the weekend. When asked if someone told her she had to keep secrets she said "Mommy said It's bad to talk about because daddy doesn't like D."
I consulted my lawyer and she said all we can at this point is draft a letter to W advising her against having D around our daughter, so that it is documented that its against my wishes. I am afraid for my daughter's safety and want to know what else I can do as I know a letter to W does not protect my daughter from the horrible decisions that are being made, it doesn't protect her from the danger of being groomed to keep secrets that might upset other people, and it doesn't protect against my daughter being around a man that she KNOWS to be an abuser (she told me today she knows D isn't very nice because he gave W scrapes and owwies.) Please help. I need to takw action NOW, but action that won't Interfere with me keeping her safe long term or harm my side of things in our current legal battle.
2 Answers from Attorneys
Since you are represented, of course, please do turn to your attorney, if possible. If you are not comfortable, you certainly may pay to seek a second legal opinion and counsel. You also are free to change attorneys. I urge you to choose a very well-experienced attorney. Of course, call 911 if anyone is in immediate or imminent danger; safety and welfare checks may be requested. Child social services is also a 24-7 resource. I also urge you to seek attorney counsel (this resource provides general legal info') and I suggest to you that it is not prudent to post such detail on a public site.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
ph 612-296-9666 M-F 6a-5p Sa/Su 6a-noon
MINNESOTA FAMILY LAW ATTORNEYS
MINNESOTA DIVORCE ATTORNEYS
MINNESOTA CHILD CUSTODY & PARENTING TIME ATTORNEYS
MINNESOTA CHILD WELFARE ATTORNEYS
MINNESOTA CHILD PROTECTION LAW
MINNESOTA CRIMINAL LAW ATTORNEYS
First, your lawyer knows more about he facts than anyone who reads a brief post in this forum. You should be addressing concerns with your lawyer.
Second, if there is a significant danger, you may be able to file a Motion for Temporary relief seeking an Order setting forth temporary custody, parenting time and restrictions on that parenting time pending the finalization of your matter. Whether that makes sense depends on the county, your Judge, the status of your case and more. In some counties a scheduling order is issued that requires permission of the court before any temporary motion may be filed.
If you are uncomfortable with your representation, you may certainly change that representation. I would suggest you seek additional consultations.
I can be reached at 6120-240-8005,
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