Legal Question in Family Law in Minnesota
Visitation
After 7 years of no contact, the ex-husband has decided that he wants to exercise his visitation rights,he has recently been court ordered to pay child support, or spend time in jail d/t an enormous amount of past due support, and has beed compliant with this for 3months now. The children do not want to spend time with this ''stranger'' they are 12 1/2 and 9 years old. This man has shown absolutely no interest in these kids since Sep. 1995. Shouldn't he have exercised his rights long ago? Legally, does he have a leg to stand on? Thanks.
2 Answers from Attorneys
Re: Visitation
As long as his parental rights have not been terminated, it's never too late for him to get involved.
It might be a good idea for him, you or both of you to enlist the services of a professional counselor for advice on the subject of how best to reintroduce him to the children.
In the long run most children are better off with a father involved. This could be a good thing.
Re: Visitation
I am assuming that this is a dissolution order from Minnesota.
Yes, a parent can always re-establish their bond with their children.
However, the court won't just send the kids off with a "stranger".
The court will set up a graduated parenting time program, that
builds up over time and eventually matches whatever parenting time
he was awarded in the original decree.
If a expert (psychologist or some other counselor) provides
information that the parenting time will emotionally harm one or
both of your children parenting time might be more restrictive than
it was at the time of your dissolution.
Remember that our statutes look to see who is most likely to
encourage parenting time with the children. There is a statute that
provides that a parent who wilfully interferes with parenting time of
the other parent could lose custody. When your ex makes his
request, you should write back and keep a copy (so you have a
paper trail) telling him that you agree he should have parenting
time, but that it should start out with an hour or two visit and slowly
build over a few months to more. Suggest working with a therapist.
Then you won't be seen as interfering with his parenting time. Please call Sue Chambers with any questions.