Little bit of info. : 2 children (12 & 15) at the time (now 14 & 17) . My ex husband started custody proceedings for only 1 of our 2 children ! He knew oldest did not want to live w/ him . But the way I see it ... it's all or nothing in a case like this . You don't "fight" for one child and leave the other one thinking why didn't he want to fight for me ? Anyways , I will not get started on that issue . The 12 year old ( now 14) is actually back at home with me . And will stay here . No more moving back and forth . My ex during the middle of the proceedings decided to stop the whole thing ! Because it was agreed upon that the 12 year old at that time wanted to stay w/ him . So she stayed at his home . My question is . Since he started this whole thing . And didn't follow through with actually getting custody of our daughter . I have had custody of her since our separation , and even after our divorce . Can't I ask that he reimburse me for my attorneys fees ? Since he stopped the case ? It would be totally different if he continued and either won or lost in a courtroom . But since he stopped WITHOUT actually getting custody of her . Wasn't it a complete waste of time , effort and money ? I had to borrow my retainer fee from my sister in law . And am still slowly paying her back as we speak . The amount was $1200.00 . Can I take him to small claims court for this ? Just to make sure I said this correctly . I'll say and ask again .... Ex took me to court for custody of our child .Started proceedings . During this time daughter wanted to stay w/ dad . So dad just stopped the whole case all together . W/o moving ahead to actually get legal custody . Can I take him to small claims court to ask for my attorneys fees . Since he started and then stopped what he actually took me to court for I live in Texas .
Sometimes you have to cut your losses and count your wins. You have full custody of both your kids and that is a pretty big win. And I know $1,200 is alot of money when things are tight. But, usually these bills run into the 10K mark.
I understand your frustration at being dragged to court and then poof he just stops it all. I have been there, and asked my lawyer if I could recoupe the lawyer fees for the ex playing games in court. The answer was no, because I paid for representation and he paid for representation. Since I worked during the marriage and had income, I could not even use the angle that he should pay due to financial circumstance.
Usually the only time you can recoupe the cost of court is when you have to take them to court over child support. Then they can be charged your attny fees and court cost.
You can always bring up the issue with your attny and see what they have to say. Course that is a double edge sword. Since your attny will charge you for you answer.
You could try small claims. you file the paperwork yourself for less than $50 I think. However, even if you win a judgment against him for the $$, it doesn't guarantee he will pay you. You'd need to register that judgment in a county where he owns or plans to buy real estate so the title search on the sale would bring up the judgment, and then you'd get your payment.
Thanks for the answers . I think I will cut my losses . I have the girls back in my care . And after what I have heard to day from my ex-sister in law . I'm glad to have the girls here with me and not at his house . He seems to be getting stressed and not making very many good decisions ....
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