Legal Question in Family Law in Minnesota

We have joint custody and papers outlining the visitation schedule. Now my son's father wants to change visitation and asked to go to mediation about this. When called to set up an appointment to meet, I was told I needed legal representation. So I didn't set up a meeting since I want to keep the schedule as is. Now I got papers saying that I have to pay for my son's father's lawyer as well. What do I do? I cant afford a lawyer and I don't want to change anything . We are currently doing a schedule of every other weekend and 2/3 days a week. He wants to do 1 week on 1 week off . The child is 5.


Asked on 11/02/15, 11:35 am

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

First, I presume you received a letter from father's attorney: I suggest you study all relevant MN Rules of Professional Conduct, particularly Rule 4.3 & Comment, in relation to the document/letter you received.

I am an attorney and a trained, certified mediator as well. Seems you being told you had to have attorney assistance, particularly in light of father being represented by an att'y, is a sound rule.

Perhaps you would want to confer privately with an attorney at this time; a small number of us are willing to perform limited scope legal assistance with certain clients, in appropriate circumstances - this is a form of help which in part aims to contain expense while you having that one particular attorney's counsel & guidance. Your attorney will want to review the current court order, and she will want to look over that 'paper'. I suggest you choose a very seasoned, well-experienced attorney to help you. I suggest you be wary of 'free advice'.

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Answered on 11/02/15, 2:07 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

No one can advise you without seeing what you received.

Even if you don'w want to change the schedule, you may be required to attend mediation before the matter can proceed to court. It sounds as if you received correspondence from the opposing attorney threatening an award of legal fees if you do not comply.

You should speak with a lawyer in person before you damage your case.

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Answered on 11/03/15, 10:12 am


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