Question about court forms

[CJane]

What is the name of your state? MO

I am planning to go down to the court house today, once the baby is up from his nap, and file my response to the petition for custody, etc.

I have been searching online for the correct forms to use, so that I could have them ready rather than requesting copies there and having to fill them out, or worse bring them home and have to make another trip... this is all I can find though:

http://www.mow.uscourts.gov/Formpage/districtforms/Civil Complaint Non Title Seven.doc

Is this the proper form for a response? I typed up this form based on the format of my ex-husband's response to my motion for modification last year. Do you think it would be acceptable, and maybe I don't need to fill out anything @ the court?

Also, is there generally a fee when I'm filing a response?

Do I need to fill out anything to go pro se?

If I do not have an attorney, how do I serve him (or do I serve his attorney as was done in both my divorce and my custody fight)? Can I use this form?

http://www.mow.uscourts.gov/Formpage/districtforms/Notice and Acknowledgment for Service by Mail.doc

I realize that these forms are for the US District Court, but I can't find the proper forms online for the specific county that the action has been filed in.

 

[CJane]

I typed up this form based on the format of my ex-husband's response to my motion for modification last year. Do you think it would be acceptable, and maybe I don't need to fill out anything @ the court?

Sorry, forgot to include the link to the thing I typed up myself.

www.thehorseplace.com/proposedparentingplan.htm

 

[Silverplum]

I can't help you, because I don't know anything about your state, but here's a BUMP for ya.
Good luck, CJane.

 

[Tornin2]

I think the one you typed up using the same format your ex's looks good, and should be accebtable with the courts. (Of course, I'm not an attorney, but if you have used the same format, there shouldn't be a problem.)

Also, I think you've done a great job with it. Your proposal looks to be quite fair.

As for the cost, I do believe that any time you file paperwork with the courts there is a fee, whether you are the petitioner or the respondant. I know that's how it is in Ohio, anyway. Go prepared to spend the money, and then if you find there isn't a fee, treat yourself to lunch out, or better yet, a new pair of shoes!

 

[Silverplum]

Bumpity-bump!

 

[rmet4nzkx]

Sorry, forgot to include the link to the thing I typed up myself.

www.thehorseplace.com/proposedparentingplan.htm

Most courts expect pleadings not on forms to be on pleading paper e.g. double spaced in the body and lines numbered. Most modern word processing programs can do this for you. Also here are the MO Supreme Court guidelines for parenting plans.
http://www.pinglaw.com/CM/Custom/ParentingPlanpublish.pdf

 

[Silverplum]

Buh-BUMP!

And again, she types: Buh-BUMP!
(well, that didn't bring it to the top. Dangit.)

 

[Silverplum]

Bump?
Bump!

 

[rmet4nzkx]

Bump?
Bump!

Do you have hiccups? She received answers and will return and update us with what she has decided to do.

 

[CJane]

Do I need to fill out anything to go pro se?

If I do not have an attorney, how do I serve him (or do I serve his attorney as was done in both my divorce and my custody fight)? Can I use this form?

http://www.mow.uscourts.gov/Formpage/districtforms/Notice and Acknowledgment for Service by Mail.doc

Any help with the above?

Also, is this 'proper' language, etc for the response to the paternity portion of the motion?

ANSWER

COMES NOW Respondent, CJANE, in response to Petitioner BABY DADDY “Petition for declaration of paternity, custody of minor child and for child support order”.

Count 1 – Paternity

1. Respondent admits the allegations of paragraphs 1 through 5.
2. In response to paragraph 5, Respondent denies that BABY DADDY may not be the biological father of the minor child. Further, BABY DADDY has signed a voluntary acknowledgement of paternity and has been administratively found to be the father of the minor child BABY. There is no other possible father for the minor child.
3. Should the court order that a paternity test is warranted, Respondent does not object.

WHEREFORE, having fully answered, Respondent prays that this Court establish that a parent, child relationship exists between Petitioner and the minor child.

Just to refresh... this is what he's filed:

Comes now, Petitioner CHILD'S NAME, by his next friend, DAD'S NAME and DAD'S NAME, individually and for his cause of action respectfully state to the court:
1) Petitioner has been named the putative father of the minor child and is bringing this action as next friend for CHILD and for himself individually.

2) Respondent is a resident of COUNTY residing at ADDRESS. Respondent is the natural mother of the minor child.

3) Child was born on January 7, 2006 in LOCATION.

4) Respondent acknowledges that she is the natural mother of the minor child.

5) Petitioner has been named the punitive (and yes, it says punitive) father of the minor child but does not believe he is the natural father of the child.

Wherefore, the minor child and DAD pray for an order of this court establishing whether a father, child relationship exists between DAD and the minor child and whether DAD is in fact, the father of CHILD.

 

[CJane]

Most courts expect pleadings not on forms to be on pleading paper e.g. double spaced in the body and lines numbered. Most modern word processing programs can do this for you. Also here are the MO Supreme Court guidelines for parenting plans.
http://www.pinglaw.com/CM/Custom/ParentingPlanpublish.pdf

THank you. I hadn't thought about the spacing and the numbering, and I should have.

 

[CJane]

I have to file this response this week. Can anyone answer as to the appropriateness of my response to the paternity motion which is two posts up?

If someone could poke seniorjudge or Belize with a stick and get them in here, I'd appreciate it.