I know this is completely off the normal topic but some of you are not only IT savvy but also might know the answer to this (or know someone that does)...

Q: Can I be reimbursed for legal fees if the petition (by other parent) is dropped by that other parent prior to going to court?

Synopsis: I gained custody of my oldest son in December of 2008. Since that time his mother has continued to cause issues (serious issues) for him. In January of 2010, she filed a petition with the court in order to regain custody. In her lawyer's infinant wisdom, he requested a Court Appointed Special Advocate (CASA). The CASA's job is to be a nuetral party on behalf of the child and ensure he/she is in the best suited home. The CASA has to conduct an investigation of their own and find their own evidence of why the child should be where the CASA states in their report the child should reside.

Not only did the CASA find that my son should remain in my home. He also stated that the mother needs to undergo a psychiatric evaluation and be enrolled in parenting classes and be reviewed later on.

Of course this is not what HER lawyer who requested the CASA thought was going to happen. But, when your client lies all of the time to EVERYONE, you can't expect favorable results.

So, after receiving the CASA report and seeing that the result of it she has dropped her petition for custody. However, I racked up some pretty serious legal fees in preparing for this. As well I had to pay fees to the court for the CASA etc. So, the question is since she withdrew HER petition for custody; can I request reimbursement for legal fees through the court? My logic, this was a frivilous action/request/petition on her part. I knew going in to it she was out of her friggin mind but, I still had to have an attorney and though I sought a probono attorney, I could not find one and have fees wrapped up in this that I should not have had to incur.

Once again the question: Can I get reimbursed for legal fees when the petitioner dropps their petition?

Thanks,

-lance