What rights does a parent have regarding visitation?

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What rights does a parent have regarding visitation?

My friend is split up from her husband. She had an affair, which is now over, and is now living with her parents. As it turns out, her husband had a short affair of his own. They have 2 boys, 15 and 12, and they are living with their dad. Problem is, she is having a hard time getting any visitation because he won’t allow it. He has the kids hating her and blaming her for all that has happened. She has been out of the house for about 7 weeksand is even having trouble getting her things out of the house. She wants counselling for the kids to help them through this.

Asked on November 24, 2010 under Family Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your friend is entitled to visitation.  Her ex-husband cannot prohibit visitation.  Your friend should file an Order to Show Cause with the court.  The Order to Show Cause is a court form which she should complete to request a hearing on the issue of visitation.  She should also file an Application for Order and Supporting Declaration.  This is a court form in which she can set forth in a declaration under penalty of perjury the facts supporting her request for visitation.  The Order to Show Cause and the Application for Order and Supporting Declaration should be filed with the court with a proof of service.  The proof of service verifies the date the documents were mailed to her ex-husband.  The proof of service can be a court form or your friend can write her own.  It just says that she is over 18 and the attached documents were sent via first class mail unless otherwise specified to_____ (name and address of ex-husband) on _______ (date).  The date of mailing should be the same date she signs the proof of service and the same date the documents are filed with the court.  The proof of service should be signed under penalty of perjury.

It would be advisable to check with the court clerk in case the MN court has different names for the forms I have mentioned.


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