My husband received a petition for grandparent custody of his daughter. The current court order between my husband and the mother is joint legal, mom has primary physical with dad having visitation every other weekend, breaks and holidays. He is going to respond himself, without hiring an attorney just yet. He has not seen his daughter as they have been denying him access to her. He wants to keep legal custody and enforce visitation and request counseling with his daughter to reestablish a relationship with her. What would be the best way for him to respond? Would this require a counterclaim?
You need to hire an attorney. Waiting until it's too messed up for an attorney to fix is not a good plan, particularly when he's being denied visitation now. There is too much going on here to answer your question in this forum. Go talk to local counsel about representation.
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His plan is guaranteed disaster. Pro se cases go badly and hoping a lawyer might give it after he breaks it by improper pleadings is a pipe dream. He needs a lawyer now if he ever hopes to work this out.
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I agree with my colleagues. In a contested custody case, he needs a lawyer. We don't have enough facts and there are not enough characters available on here to answer your question. You are basically asking us to teach him generically (in 4000 characters or less) what took most of us three years of law school and many years of practice to "master". Every step of this process is important and it would be a mistake for him to "respond himself, without hiring an attorney just yet". At the very least he should consult with an attorney so he will understand more of the process.
If the grandparents are seeking custody, then he should be seeking custody. Do not wait to hire an attorney hire one now. Custody cases are hard.
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