I need to file an Opposition to a Motion to Quash without an attorney in a child custody case. Any examples?

Question

My husband's ex-girlfriend filed a Motion to Quash Service of Summons Due to Lack of Jurisdiction in our child custody case against her. We know that her papers are "invalid" in that she hasn't met the residency requirements to take the case out of Nevada, but the Father's Rights group that we've been paying tells us to do nothing and the lawyer we talked to told us we need to file an Opposition to her Motion. We don't have the $5000 to retain the attorney and so are having to do this ourselves. Has anyone else had to do this or know where I can get a basic template to help me draw it up? Thanks!

Answer 1

Most law these days is form-based. You simply need to find the right form. I don't know if this is it exactly but it's close:

http://www.nvsupremecourt.us/documents/f...

Notice how it's simple and short? Keep your answers the same and simply state the facts.

Complete the form and file it at the court house will before the deadline. Worst case, (and here's a "thing you can do") they will tell you it's on the wrong form and direct you to the correct one.

To increase YOUR odds in court:

- No badmouthing

- Find SOMETHING to put on her side ... "The child's mother is now living in South Dakota and the court appearances might create a hardship. However, the Court has jurisdiction over the case due to (child born in jurisdiction, lived 3 of 4 years in jurisdiction, DOM filed in jurisdiction, etc. Whatever might apply.)

- Keep it simple. The easier you make it for the judge to look at your case and find inyour favor, the better things will go for you.

Good Luck!

And don't forget to SERVE the papers on her, then file a Proof of Service with the court.  

Answer 2

In most states you must be represented by an attorney but I'm sure there's states that are different. You could call the Bar and ask them what the proper procedures are.