According to papers released last week, Bobby Brown has filed a motion to dismiss the final judgment issued in his divorce from Whitney Houston.

According to Brown's attorney, Stacy Phillips, there was insufficient time for him to respond to the divorce filings, resulting in Houston being granted full custody of Bobbi Kristina, the couple's 14-year-old daughter. Brown claims he should have custody, and that Houston has prevented him from having contact with Bobbi, a claim Houston disputes.

The judge scheduled the matter for a hearing on October 22, stating "I cannot determine credibility on paperwork. This really boils down to credibility." Stephen Kolodny, Houston's attorney, indicated his belief that the judgment should stand, noting that Brown can request new custody and visitation orders without overturning the original judgment. Presumably, a dismissal of the entire judgment would leave the door open to contesting issues beyond custody and visitation.

Houston testified in April that Bobby was "unreliable" and uninvolved in their daughter's life, while Brown claims he was the child's primary caregiver. The October 22nd hearing will likely see both sides attacking the other's credibility, especially Houston and Brown's past problems with drugs. Whitney Houston underwent drug rehabilitation twice in the course of the couple's fourteen year marriage, while Brown was arrested on alcohol and drug charges.

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