My question involves a child custody case from the State of: Minnesota
My soon to be ex husband and I have had full physical and legal custody of our niece and nephew since January 2008. We consider them as our own children so we initially included all the custody stuff in our divorce decree, and I requested alimony for $500/month since I can not request child support from my ex due to not completing an adoption.
His lawyer says that he thinks we need to remove everything regarding the kids from the divorce decree, and modify the custody stuff under our third party custody case.
Our son has not seen him in about 4 months (he's 11) because my ex has a bad temper, and the last time he was there he called him an "embarrassing bastard." My son wanted to call him and let him know that he didn't like the way he talked to him. My ex cussed him out and said that he wasn't allowed to come over anymore. My son has been in therapy since well before that happened and his therapist has written a letter stating that she does not think he should see him until some sort of counseling or something is completed. My ex has made no attempts to fix their relationship.
During all this time he has still taken our daughter (almost 13) every other weekend. I believe that he's manipulating her into thinking she'd be better off with him, and allows her to do things that we as a couple would not have allowed her to do.
I've talked to my lawyer about taking the kids stuff out of the divorce, and then hopefully just getting his rights removed.
My lawyer is awful about communication, hardly ever responds to me, and doesn't seem to be knowledgeable in this area.. which is why I'm asking here. It's obviously not a common situation so I've had no luck trying to do my own research. I can't afford to hire a new lawyer, and I want to make sure that his lawyer is correct before I make any decisions.
Thank you!
My soon to be ex husband and I have had full physical and legal custody of our niece and nephew since January 2008. We consider them as our own children so we initially included all the custody stuff in our divorce decree, and I requested alimony for $500/month since I can not request child support from my ex due to not completing an adoption.
His lawyer says that he thinks we need to remove everything regarding the kids from the divorce decree, and modify the custody stuff under our third party custody case.
Our son has not seen him in about 4 months (he's 11) because my ex has a bad temper, and the last time he was there he called him an "embarrassing bastard." My son wanted to call him and let him know that he didn't like the way he talked to him. My ex cussed him out and said that he wasn't allowed to come over anymore. My son has been in therapy since well before that happened and his therapist has written a letter stating that she does not think he should see him until some sort of counseling or something is completed. My ex has made no attempts to fix their relationship.
During all this time he has still taken our daughter (almost 13) every other weekend. I believe that he's manipulating her into thinking she'd be better off with him, and allows her to do things that we as a couple would not have allowed her to do.
I've talked to my lawyer about taking the kids stuff out of the divorce, and then hopefully just getting his rights removed.
My lawyer is awful about communication, hardly ever responds to me, and doesn't seem to be knowledgeable in this area.. which is why I'm asking here. It's obviously not a common situation so I've had no luck trying to do my own research. I can't afford to hire a new lawyer, and I want to make sure that his lawyer is correct before I make any decisions.
Thank you!
Grandparents and Third Parties: Divorce Between Legal Guardians
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