Answer U.C.C.J.A.

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IN THE CIRCUIT COURT OF CLAY COUNTY, WEST VIRGINIA

TOM SMITH,

Plaintiff,

VS. CIVIL ACTION NO. 12-D-345

TAMMY SMITH,

Defendant.

ANSWER

Comes now the Defendant, Tammy Smith, by her attorney,James Wilson Douglas, and in and for her Answer to Plaintiff's Complaint, heretofore regularly filed, does hereby assert thefollowing affirmative defenses and does aver, depose and say:

FIRST DEFENSE

That said Complaint fails to state a cause of action upon which relief can be granted by this Court.

SECOND DEFENSE

That the Plaintiff is barred from maintaining his Complaint by the equitable Doctrine of Estoppel.

THIRD DEFENSE

That the Plaintiff is precluded from maintaining his Complaint by the equitable Doctrine of Unclean Hands.

FOURTH DEFENSE

That the Plaintiff is prevented from maintaining his Complaint by the equitable Doctrine of Laches.

FIFTH DEFENSE

That the Plaintiff is barred from maintaining his Complaint by the Doctrine of Recrimination.

SIXTH DEFENSE

That the Plaintiff has failed to allege and aver any of the specifics required by West Virginia Code 48-10-3 and 48-10-9, which allegation is necessary to confer jurisdiction of the Court to make an initial child custody determination, therefore, he is barred from requesting relief from this Court consistent therewith.

SEVENTH DEFENSE

That said Complaint is intended and brought solely as a means of harassment, and therefore, is an abuse of process.

EIGHTH DEFENSE

That Defendant asserts the exemption of separate property, as defined in West Virginia Code 48-2-1(f), in any equitable distributions of marital property.

NINTH DEFENSE

That the Plaintiff has failed to aver that he is otherwise a fit and proper person to have custody of the Parties' aforenamed infant.

TENTH DEFENSE

That the Defendant is and has been the primary caretaker of the infant born of the marriage of the Parties hereto, up until the time of separation, and she is otherwise a fit and proper parent of and for said infant.

ANSWER

Defendant admits Paragraphs _____ and ____ of Plaintiff's Complaint.

Defendant denies Paragraphs ______ and____ of Plaintiff's Complaint, and she calls upon the Plaintiff for strict proof thereof.

III

Defendant denies each and every Paragraph of Plaintiff's Complaint not herein specifically admitted, together with any and all allegations therein contained, and Defendant demands strict proof thereof.

PRAYER

WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed, that the relief prayed for therein be denied, that she be awarded her Court costs and attorney fees in this behalf expended; that she be awarded the care, custody and control of the infant born of the marriage hereto; that she be awarded her separate property as set forth in West Virginia Code 48-2-1(f) and for such other and further relief as to the Court may seem meet, equitable and just, she will ever pray, etc.

TAMMY JONES

By Counsel

____________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601