Dave Holloway signed papers seeking "presumption of death for persons missing more than five years," ABC News reported Wednesday.
Court documents obtained by ABC state that a hearing on Dave Holloway's request is scheduled for Sept. 23.
Natalee's mother Beth told ABCNews.com that she does not intend to agree to have her daughter declared legally dead.
Since Natalee disappeared Beth Holloway has been relentless in trying to find out what happened to her daughter, who failed to return to her hotel on the last night of a senior class trip.
She even went so far as to slip into a Peruvian prison to confront Joran van der Sloot, the Arbuban man suspected of killing Natalie.