crime scene tape
This is a representational image showing a crime scene tape in Aberdeen, Maryland, Sept. 20, 2018. Getty Images/Mark Makela

The fiancé of Kelsey Berreth is seeking to dismiss a federal wrongful death lawsuit filed against him by the family of the missing Colorado mother. On Monday, Patrick Frazee’s legal team responded to the suit saying the Berreths have no standing in the case.

"In Colorado, a claim for wrongful death is a statutory claim," reads the motion. "When a decedent has either a surviving spouse or child, the decedent's parents do not have standing to bring a claim of wrongful death." The motion goes on to state: "Here, Berreth is survived by her one-year-old daughter [Kaylee]."

While the decision of the court is yet to come, even if the lawsuit is dismissed Berreth's parents can still file again on behalf of Kaylee. Earlier this month, a court ruled that one-year-old Kaylee would remain in the custody of Cheryl and Darrell Berreth, and child protective services.

Frazee's lawyers also claimed in the motion that the Berreths did not suffer any emotional distress, and thus the damages related to the claim be dismissed from the case.

In the wrongful death lawsuit the Berreths claimed that Frazee "enacted physical, mental, and emotional acts of violence upon Kelsey Berreth prior to her death." It also stated that "when Frazee acted as either the perpetrator or accessory to the murder of Kelsey Berreth, Frazee breached the duty of care with which a reasonable person should conduct himself toward another human being."

The Berreths demanded a jury trial to determine and "compensatory and general damages, interest from the date of Kelsey Berreth’s death as provided by law."

Berreth was last seen shopping on Thanksgiving Day and three days later her cell phone pinged near Gooding, Idaho, just 40 miles from Twin Falls. While her body or remains have not been found yet, police believe Berreth was murdered at her Woodland Park home. Frazee was the last person to see the 29-year old flight instructor before she disappeared.

crime scene tape
Police are still searching for the body of missing Colorado mom Kelsey Berreth, who is now presumed dead after she disappeared on Thanksgiving Day. This is a representational image of a police tape in the Squirrel Hill neighborhood of Pittsburgh, Oct. 27, 2018. Getty Images/Brendan Smialowski

Frazee, who faces five counts of murder, including two counts of first-degree and three counts of solicitation to commit first-degree murder, will not be in court again until February, the Daily Mail reported.

Police, who are yet to find Berreth's body, extended their search for evidence in the case to a landfill in the city of Fountain. The Midway landfill is a roughly 40-mile drive from Woodland Park, where Berreth was last seen.

Last week, more details emerged about Berreth and Frazee's relationship after the mother of one's friend spoke out. Ashley Cogburn said when she learned about Berreth's disappearance and that Frazee was the last person she met, she knew that something was wrong. Speaking to CBS News, she said that Frazee was "borderline emotionally abusive."