With a flurry of new filings, Attorneys for the husband of a murdered Cary mother are asking that a custody case be dismissed.

Lawyers for Brad Cooper said in court papers that the parents and sister of his late wife, Nancy Cooper, have no legal leg to stand on.

The filing stated that Brad and his two daughters are an "intact family," and Plaintiffs Garry, Donna Rentz and Krista Lister "do not have standing to initiate a custody proceeding seeing visitation or custody unless there exists an ongoing custody proceeding."

The motion indicates Nancy Cooper and her attorney had agreed earlier this year that Brad was a fit father, and they were working towards joint custody.

Defense attorneys argued that much of the information included in the plaintiff's original suit is based on "gossip, unwarranted deductions, assumptions, and hearsay."

Additionally, Brad's lawyers said the original emergency custody order should not have been granted because the plaintiff's are not biological parents of the children, and even if they were, they would have to show "unfitness, abuse, neglect or other conduct inconsistent with the parent's protected status."

Other filings included deposition orders for the Rentzs and Lister, to take place in October.

Brad Cooper answered questions from the plaintiffs in a new affidavit, during which he defended his parenting skills and clarified his explanation of a one-time affair he had.

His mother, Carol Cooper, also submitted an affidavit defending his parenting skills.

The court will hear a motion to bifurcate on Sept. 29, which Brad Cooper's attorneys filed earlier this month; a request to divide the entire custody issue into two distinct issues. It would require plaintiff's to prove the first half before even tackling the second.

Full Coverage And Timeline: Nancy Cooper Murder Case