Wednesday, January 30, 2013

Can I sue my ex for legal fees after this has been dismissed by another judge?

Q: I am in a custody/ visitation battle and had a court appointed lawyer. She didnt do anything, never responded to emails, called me back after multiple messages. I was forced to hire Lawyer in fear i was not receiving fair representation. My ex has dragged the case on unbelievably leaving me with thousands of dollars in legal fees. He is an alcoholic with no license and moved over two hrs away by choice and has no job. I have a respectable job and no substance abuse issues or legal matters otherwise. I am forced to drive an hr away to an exchange point. I want him to pay for the legal fees as the only thing my lawyer has accomplished is movig the exchange point a half hr closer for $9500.00
Additional information
The case was not dragged on because i am unhappy with my lawyer. My mistake for wording it incorrectly. My ex was ordered to go to alcohol evaluation in April 2012 and dis not go until november. The judge kept letting him reschedule and get away with it. ( that would be a red flag for me) so the case has gone an extra 6-7 months because of him, putting me thiusands of dollars into debt for needing to bring an attorney back to court.

A: David's Answer: Attorneys fees may be granted in a Family Court Custody case. Whether you would be entitled to it or not would depend in part on whether the case ended in a settlement or after trial, as well as the disparity of income between you & the father. Such an application must generally be made promtly after the case ends, however. -- David Bliven, Westchester Child Custody lawyer ( 

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