Legal Question in Family Law in Minnesota
Custody and preparing for court without a lawyer
My mother currently has sole physical and joint legal custody of my 14 year-old brother. My brother has temporarily left my mother's home to live with his father and his father has retained an attorney and served my mother with papers to pursue sole physical custody. My mother cannot afford an attorney and is not interested in a ugly, drawn out custody battle. SHe is willing to relinquish physical custody but would like visitation and joint legal custody. The father is not willing to meet with a family mediator to resolve the case, even though the previous legal custody agreement stated that meeting with a family mediator should be the first step if parental or visiting rights become an issue. He is also suing for her to pay his legal fees. Is it likely she will have to pay his legal fees? ANd how can we/she prepare for a court hearing without an attorney? Your advice would be very greatly appreciated.
1 Answer from Attorneys
Re: Custody and preparing for court without a lawyer
Courts are very reluctant to award legal fees and do so prinarily when one party has contributed unreasonably to the length and delay of the proceedings. Since your mother has suggested mediation, she has complied with the court order. An award of attorney's fess is unlikely.
You mother should send a letter to opposing counsel indicating her agreement with regard to physical custody and her reuests for joint legal custody. the letter should also suggest mediation and indiate the paragraph on the court order where mediation was required. She should retain a copy for her records.
She then should file an affidavit. All that is required for an affidavit is her notarized signature. She should type up her response to the other p[rty's affidavit and indicate that she reuested mediation as set out in the court order. She should attach the letter send as an exhibit.
For Minnesota asnswers visit divorceprofessionals.com or call 612.240.8005. For a fee we will draft her addidavit at a lower cost so that she has properly responded to the motion.
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