MOTION TO DISSOLVE ORDER OF PROTECTIVE CUSTODY

XXXXX XXXXX XXXXXX, father of the minor child in the above-entitled matter, in pro per, moves this court for an order dissolving the protective custody order in the above-entitled matter.

Grounds for this motion are as follows:

1. The concerns raised by the Petition with respect to the father have been addressed as contained in the Answer and Affidavit previously filed.

2. The only allegation in the Petition with respect to the father was that he had not established paternity.  Father has submitted certified documents to establish paternity to the court attached to his Answer, previously filed.

3. There are no other allegations in the petition with respect to the father.

4. Because the father has not been alleged to be unfit, this court has no jurisdiction to determine best interests of the child. (Troxel v Granville, 120 S.Ct. 2054) 

a. Troxel v Granville states in pertinent part:

the Federal Constitution permits a State to interfere with this right only to prevent harm or potential harm to the child (emphasis added).

The Petition does not allege that the child was being harmed or that he was at risk of being harmed with respect to the father.  The petition merely alleges that the father hadn't established paternity, which wouldn't result in harm to the child whether established or not.

5. Because there are no allegations of unfitness against the father, custody of this child can only be challenged by the mother, who at the present time has not initiated any action challenging the custody, care or control of the minor child.

6. The best interests of the minor child would be served by his return to the custody of his father.

WHEREFORE, the father, Xxxxx Xxxxx Xxxxxx, prays that this custody of his minor child be returned to him and this action be dismissed.

Respectfully Submitted,
XXXXXXX XXXXXXXXXXXXX