[kelkel6464]

[GV70]

Probably yes, yo do

1. If you are the plaintiff
2. If you wish...

[kelkel6464]

Yes Im the plaintiff, trying to get the custody arrangement changed for my daughter. Her dad filed a motion to dismiss.. any ideas on where I can look to find a sample response to something like this? Ive been googling all morning.

[cdad]

What is the current status of the custody situation?

Why is it that her dad filed something and what was said as a response to drop the proceeding ?

[ScottGem]

First, ANY question on law needs to include your general locale as laws vary by area.

Second, when asking a question about law, its best to provide some background so we can provide an accurate answer.

If you filed a petition for a change in custody, then the motion to dismiss is an answer to your petition. Therefore you probably don't need to file a response to it. It might depend on the grounds listed for dismissal. Or you may just need to show cause at a hearing for the motion.

[kelkel6464]

My daughter is almost 4 yrs old. Her dad wanted nothing to do with her until she was 2 & he was ordered to pay child support. He was awarded supervised visitations for 6 months. After 5 months of my daughter getting to know him, I offered him 50/50 custody. We had it filed through the courts. That was 18 months ago. She's about to start school & we disagree as to where she's going to go. We live 50 minutes apart round trip & neither of us want to drive 2 hours/day to get her to & from school. I asked him to change it up to getting her every other weekend & she spends summer with him, but he didn't want to do that, so I filed paperwork for the courts to decide. Hes hired an attorney & filed a motion to dismiss, saying school hasn't started yet & that Im filing prematurely. The courts are so backed up, so I filed ahead of time to make sure we had it figured out as to which school she would be registered at (since registration is only 3 months away). Hes also in contempt for not paying court ordered child support from before we started 50/50.

[kelkel6464]

Im in FL

[ScottGem]

Ok, if he has an attorney, then you better get one! Going up against an attorney without your own legal counsel starts you off with 2 strikes against you.

If you still want to go it on your own, you need to ask the court whether you need to respond. It depends on whether the court will hold a hearing on the motion.

[kelkel6464]

I don't have $ for an attorney. Im a single mom & live paycheck to paycheck with 2 kids. We already have a temp hearing Jan 3rd.

[kelkel6464]

Even with him having an attorney, he's probably the 1 who needs one. Hes got an open battery & grand theft case & also has had several DCF cases against him for the way him & his girlfriend live. He doesn't even have a job, but gets an attorney & requests I pay attorneys fees? Lol. Ive seen his attorney work before, so I know how he is.

[ScottGem]

I would still get an attorney. Since you filed, then its not inappropriate for him to ask for attorney fees. If you don't want to have to pay them, you need representation. You can't afford NOT to have an attorney.

While it appears he is not a model father, that doesn't mean an attorney can't get his way with a court.

[kelkel6464]

Yea, it'd be nice to have an attorney, but there's absolutely no way I can afford one. Maybe if I had the $30k I am owed for child support between both of my girls, then I could, but that's not the case.

[GV70]

Ok-there is no court forms for response to a motion to dismiss...
You may do it Pro Se / it means means advocating on one's own behalf before a court, rather than being represented by a lawyer. /.
Title it "Answer or Response to Motion for ...." Then go down through the numbers, through whatever, and answer each one.

[GV70]

If you disagree, you can write disagree or deny.

You can also include a brief argument/explanation about the items with which you disagree.

You will be allowed your day in court.

[GV70]

LEGAL STANDARD

“A motion to dismiss does not test the merits of a case, but only requires that the plaintiff's factual allegations, when assumed to be true, must be enough to raise a right to relief above the speculative level.”Young
Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027, 1037 (11th Cir. 2008)

Thus, for purposes of a motion to dismiss, all factual allegations made in the Complaint must be accepted as true and construed in the light most favorable to Plaintiffs.Id.

[kelkel6464]

Yea, Ive went through this with him the first time, when he finally decided he wanted to be in her life. I just finished typing it all up. I knew how to write it, but just wasn't sure if I was suppose to file a response to it or not. Thanks.