Quote Quoting annalee421
View Post
My question involves a marriage in the state of:California.

My soon to be ex put on his response that my 4 year old daughter is in fact a child of the marriage and petitioned the court for visitation of 3 overnight weekends a month. She is not his child, he did not adopt her, in fact he was deemed a threat by DCFS and I had to kick him out and file for divorce. I was married for 1 year and have not seen him for a year to date. I want to inform the court he is lying so we do not waste time and money on this. My legal aid seems confused and says they will go to the mediation on my behalf- but there should not be a mediation hearing in the first place! I want to file a motion to dismiss on failure to establish standing. How can I do this? Its coming up soon. And can he be in trouble for stating she is his and stating he is unaware of anyone else with claim to her, despite her bio dad being in her life since birth? He is truly insane and dangerous- I want to put a stop to this, this is the 2nd time he has done something to stall the proceedings, I need to be free of him. What can I do? I have her birth certificate which clearly shows who her father is, and it is not him.
Then tell your attorney to file a motion to dismiss his petition for visitation on the basis of the facts that the child was born long before you married him, that the child does have a legal and biological father who is involved in her life, and the fact that he is not even a psychological father to the child as he has not seen her for a whole year due to DCFS requiring you to separate from him because he was deemed dangerous to the child.