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Thread: Legal Question - Way out of the norm

  1. #1
    SG DC Team Member lance-tek's Avatar
    Join Date
    Apr 2001
    Indianapolis, IN

    Unhappy Legal Question - Way out of the norm

    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?


    A mistake does not become an error until one refuses to correct it

    Folding for the future

  2. #2
    R.I.P. 2013-11-22 blebs's Avatar
    Join Date
    Dec 2000
    North Canton, Ohio
    I'm not an attorney, but I do believe you can. I know a girl who just passed her bar exam, but is currently in the hospital after heart surgery. When she's out and thinking clearly again, I could ask, but by then, you'll probably have your answer. You may have to do some digging in your states administrative code.

    I don't know if Mara is still Deputy Atty Gen in your state, but if so, you might try her:

    Deputy Attorney General
    Indianapolis, Indiana

    She is an old friend of mine from the heart forum. If your try, tell her Ross from VR told you to ask her.
    Last edited by blebs; 08-30-10 at 06:13 AM.
    Success is a lousy teacher. It seduces people into thinking they can't lose. -Bill Gates

  3. #3
    SG DC Team Member lance-tek's Avatar
    Join Date
    Apr 2001
    Indianapolis, IN
    I'll definately explore all avenues to find the answer. I am just sickened to think I can be financially drained by her and consequently cause all of my children as well as my wife and I to suffer financial hardship because she feels like being an idiot and sucking away our financial means...

    Thanks and I'll post back when I get the final answer so, keep the responses coming until then.

    Thank you,
    A mistake does not become an error until one refuses to correct it

    Folding for the future

  4. #4
    Moderator YeOldeStonecat's Avatar
    Join Date
    Jan 2001
    Somewhere along the shoreline in New England
    My wifes answer..she's spent quite a few years working as a para legal in a few different law firms.

    "In my experience, when he initially filed, if he didn't file for reimbursement of legal fees, he may be out of luck.

    However, he could try suing her in smalls claims court."
    MORNING WOOD Lumber Company
    Guinness for Strength!!!

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