Ask Me Help Desk - Motions in opposition

Motions in opposition

My husband has filed a petition to modify his parenting plan for his 13 year old daughter who lives with her grandmother (mind you that he already has a standing court order) she respoded with a motion to dismiss- saying that he lacks standing to pursue relief as he has not been adjudicated the legal father?? Ok so now I know that I must file a motion in oppoistion to her motion to dismiss, the problem is I cannot find this form anywhere. Do I actually need to type this up myself? Any help would be great.

I don't understand - there is a parenting plan in effect, specifically naming your husband, but he has never been adjudicated the father?

How did he get a parenting plan in the first place?

Why isn't the child with him if he's the father?

If there has been a parenting plan in place by a Court Order then yes, he does have legal standing. There is no "form" for this type of motion available as all are always done from scratch by an attorney. If what the grandma says is true that he is not the legal father, then why would your husband pay child support (if in fact he does) or have any parenting plan in place?

Does grandma have an attorney filing this motion to dismiss?

The mother and the father had the daughter when they both were 19, the grandmother managed to get them to "sign papers" to let her treat the daughter if she needed medical attention- well little did they know what they were signing was giving her custody- they went to court immediately and fought for the daughter- The mother lives 40 min from us which she is trying to get visitation changed for herself as well- at this point they do not want to take the daughter away from the life she has- just want to see her more- the grandmother has not let either mother nor father have contact with the daughter for a year and a half. The father does not pay child support- he was but the grandmother sent the checks back with a letter stating that no amount of money was worth her letting the daughter see her- The daughter wants to see her mom and dad- the grandmother is EVIl. But yes he has a visitation order that he is trying to modify, I don't think the grandmother gave her attorny the original order (she had a diff attorney at the time) so what I understand is I need to file a motion in opposition an attatched a letter from the natural mother stating she has never ? Him as the natural father, as well as the birth certificate and the previous visitation order. Does that sound right? Or should I just contact her attorney and make her aware of a previous visitation order? Thank You

Oh and she never lived with him before because he lived out of state. LOOOOOONNNNNGGGG story

Quote:

Originally Posted by lookingforward

The mother and the father had the daughter when they both were 19, the grandmother managed to get them to "sign papers"...giving her custody

In my understanding the grandmother has sole legal custody.

Quote:

Originally Posted by lookingforward

the grandmother has not let either mother nor father have contact with the daughter for a year and a half.

It is a violation of the Court order and may be used as a ground for modification...

Quote:

Originally Posted by lookingforward

The father does not pay child support- he was but the grandmother sent the checks back with a letter stating that no amount of money was worth her letting the daughter see her...

Mistake!If he has not seen his child for a year and a half and ha has not paid child support,the grandmother has a case to file for child abandonment.Child support is paid for child's need,not for grandmother wishes.

Quote:

Originally Posted by lookingforward

so what I understand is I need to file a motion in opposition ...

You need nothing because you do not have a dog in that fight.

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Originally Posted by lookingforward

saying that he lacks standing to pursue relief as he has not been adjudicated the legal father???????????

Quote:

Originally Posted by lookingforward

the natural mother stating she has never ? him as the natural father, as well as the birth certificate and the previous visitation order. does that sound right?

Does it mean both the mother and grandmother say he is not the biological father?Have he ever sign a Paternity acknowledgment?
WHICH STATE????

It is Florida and you have the story wrong- There is not a court order and has never been a court order for child support!!
The grandmother was granted custody for the period of One year is 1999, she refuses to give the child back! The court form is not detialed as to who and when the child should have been returned- and there is no ? As to who the father is- The grandmother is solely doing that for the purpose of trying to hold us up in paperwork.
The father and the mother are both fighting to see the child together- The grandmother WILL NOT LET THEM. Only when she feels like it. He has taken the grandmother to court along with the mother lt leaset every two years. Each time she says she wants to settle outside of court and agrees to let them see the daughter for awhile then all of a sudden she flips and won't answer the phone or takes off with the daughter- HE TRIES TO SEE HER. I could file a contempt charge on her for not following the standing visitation- However seeing as we are trying to modify it that would just be a waste.

Let me add to this- The father and mother have called the police to pick up daughter on said days and they say it is a civil matter- but we can show where they have both tried- as with numerous phone messages from the grandmother saying the daughter wants to see her parents but- the grandmother only wants that to happen on her terms- these are her words!!