If the 2 parents of a minor child were never married and only lived together for less than a year 8 years ago? One of the parents is trying to get more court ordered child visitation, and went to a lawyer to put it into motion, and the other parent chose to get a lawyer also, and is now requesting that her lawyer fees be paid for by the other parent!! Is this crazy or what?!
2007-11-17 14:16:13 · 6 answers · asked by katie 3 in Politics & Government ➔ Law & Ethics
Common practice to request. If you can establish with competent evidence to the Court that the other party filed a frivolous or harassing complaint or they engaged in deliberate delay tactics, then the Court can find that their actions (which caused you to accrue more attorney fees) warrant them paying attorney fees.
It's design to keep parties from being malicious in court proceedings for the sake of being malicious. Attorneys are supposed to be the gatekeepers to make sure it is not malicious.
Edit: This happens a lot in divorce proceedings where the husband/wife makes more money or is the only working spouse. They use delay and harassment tactics knowing that it will financially hurt the other side. The courts are well-aware of this and the suffering spouse's attorney will enlighten the court in its filings.
2007-11-17 14:27:46 · answer #1 · answered by ironjag 5 · 1⤊ 0⤋
Not really. Usually, when someone is suing someone, like visition or divorce, it is common for the loser to request the petitioner to pay attornies fees. How,ever, it is not always granted. The circumstances need to be considered. If the one parent chose not to let the other see their child for longer time, and lost, the attornies for the defendant would probably request his fees and the court would deny.
2007-11-17 14:29:26 · answer #2 · answered by Joshot 3 · 0⤊ 0⤋
Not crazy, normal for almost all court proceedings. The rule of thumb is if you don't ask you don't get... doesn't mean the judge will award it, but they do if the party requesting is only racking up fees because of malicious behavior by the losing party.
2007-11-17 14:27:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
One side can ask that the other be required to attend the hearing wearing a hair shirt, but only the Judge can say what someone MUST do.
2007-11-17 14:22:27 · answer #4 · answered by open4one 7 · 1⤊ 0⤋
Only the courts can "make" that happen.
2007-11-17 14:27:14 · answer #5 · answered by George B 6 · 0⤊ 0⤋
you always ask the other side to pay attorney fees. standard practice. doesn't always happen though.
2007-11-17 14:19:33 · answer #6 · answered by Anonymous · 2⤊ 0⤋