Counterpetition

by | Dec 13, 2021 | Samples legal papers

IN THE CHANCERY COURT OF JACKSON COUNTY, MISSISSIPPI

 

ISRAEL BRIGGS     §

Plaintiff,     §

  1.     § Cause No. 30CH1:20-CV-01968-TLH

SEANTAY JACKSON     §

Defendant.     §

 

PLAINTIFF’S ANSWER TO DEFENDANT’S COMPLAINT TO ESTABLISH PATERNITY, CUSTODY, VISITATION AND OTHER RELIEF, AND PLAINTIFF’S COUNTERPETITION

NOW COMES Israel Briggs, Plaintiff, replying to Defendant’s Complaint to Establish Paternity, Custody, Visitation and Other Relief, and to bring a counterpetition before this Honorable Court, and for cause would show this Court as follows:

  • ANSWER TO DEFENDANT’S COMPLAINT TO ESTABLISH PATERNITY, CUSTODY, VISITATION AND OTHER RELIEF
  1. Plaintiff admits the contents of Paragraphs 1-4 of the Complaint.
  2. The contents of Paragraph 5 of the Complaint state legal conclusions that require no answer of Plaintiff, but to the extent that such contents require an answer, they are denied.
  3. The contents of Paragraph 6 of the Complaint state legal conclusions that require no answer of Plaintiff, but to the extent that such contents require an answer, they are denied.
  4. The contents of Paragraph 7 of the Complaint state legal conclusions that require no answer of Plaintiff, but to the extent that such contents require an answer, they are denied.
  5. Plaintiff urges this Court not to grant Defendant any reliefs sought.
  • COUNTERPETITION

Facts

  1. Plaintiff and Defendant conceived two children out of wedlock, namely Charlotte Isla Briggs aged 3 and Carter Alexis Briggs aged 11 months.
  2. Plaintiff and Defendant have never been married.
  3. Plaintiff’s children have lived with Defendant, their mother, all their lives in Virginia and Mississippi.

Plaintiff’s Legal Custody Rights

  1. MS Code § 93-13-1 states that the father and mother are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare and education, and the care and management of their estates.  The father and mother shall have equal powers and rights, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of such minor, or any other matter affecting the minor.  If either father or mother die or be incapable of acting, the guardianship devolves upon the surviving parent.  Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to its custody. 
  2. Plaintiff is the biological father of Charlotte Briggs and Carter Briggs and Defendant is the biological mother of Charlotte Briggs and Carter Briggs. 
  3. Pursuant to MS Code § 93-13-1, Plaintiff and Defendant have joint custody of their two children. Plaintiff and Defendant have equal powers and rights. 
  4. Pursuant to the above provision, Defendant cannot forcibly take a child from the guardianship of Plaintiff. Doing so would amount to taking away of Plaintiff’s joint custody rights granted under MS Code § 93-13-1. 
  5. According to MS Code § 93-5-24(9)(a)(i), the Court may grant custody to one parent if the other parent has a history of perpetrating family violence. Plaintiff has no history of perpetrating family violence; therefore, this Honorable Court should grant joint custody.
  6. The Fourteenth Amendment of the U.S. Constitution provides that No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. This Honorable Court is a state actor in these proceedings. It should not deny Plaintiff the right to joint custody. In Palmore v Sidoti, it was held that even the best interests of a child did not constitute a compelling state interest to deny a citizen their rights.
  7. That Plaintiff and Defendant live in different states is not sufficient to establish “harm” on the children. “Harm” must be established based on the Harm Standard which provides that children must have experienced some harm or injury from maltreatment. Plaintiff and Defendant’s children have not experienced any form of maltreatment that would lead to harm or injury. Judges are not qualified mental health professionals competent to diagnose mental or emotional harm in the children. Therefore, this court cannot make a determination as to the mental or emotional harm upon the children.

 

PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. Dismissal of Defendant’s Complaint to Establish Paternity, Custody, Visitation and Other Relief;
  2. A determination in favor of Plaintiff;
  3. Affirmation of joint physical and legal custody and a visitation schedule that affords tantamount visitation to both parties;
  4. Affirmation that Plaintiff and Defendant are equally responsible for children’s support;
  5. Such equitable relief as may be appropriate under the circumstances; and
  6. Award such further relief as this Honorable Court deems necessary and proper.

 

Respectfully Submitted,

______________________________

Israel Briggs

7851 Ulysses Drive

Moss Point, MS 39562

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VERIFICATION

I, Israel Briggs, being duly sworn depose and say that I am the Defendant in the above entitled action, that I have read the foregoing Plaintiff’s Answer to Defendant’s Complaint to Establish Paternity, Custody, Visitation and Other Relief, and Plaintiff’s Counterpetition, and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

 

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