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What form is used when opposing a motion to dismiss.(family court nys)

Batavia, NY |

nonparental custody case

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Attorney answers 3


You need to submit a sworn Affidavit. You can copy the format used for the Affidavit that was submitted with the motion to dismiss. You must state your basis for opposing the motion. – “The Court should deny the motion to dismiss because….”

You must have your signature notarized. You must submit the original Affidavit to the Court and send a copy to the opposing party or their attorney if they have one. You must submit to the Court an Affidavit of Service, stating that you mailed a copy of the Affidavit on the opposing party or their attorney. Submit this along with the original Affidavit in opposition to the motion.

You should consult with a local New York attorney who concentrates in Family Law. On-line advice is no substitute for an in person consultation.

Anthony Buono
Valatie, New York

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.


Petitions may require specific forms but opposition papers on a motion to dismiss do not require use of a NYS promulgated form. As the prior commenter advised, simply submit a notarized affidavit.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="">Please visit us on the web.</a>


In opposition to a motion, you must set forth facts in an affidavit sworn to before a notary public. Attach to your affidavit any documents to support your position. You can also obtain affidavits from others in opposition to the dismissal. You may want to consult an attorney to assist you.