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  1. #1
    Join Date
    Dec 2011

    Default Attorney Fees

    My question involves a child custody case from the State of: NC

    Will a judge award attorney fees if a defendant has asked for primary custody KNOWING they can not take custody?

    My ex has took me through 3 temporary orders that were temporary and a upcoming pre trial and 2 day hearing knowing he can't take primary custody. He believes his mom has a right to custody while he is overseas if I move out of state which the mediator (a local attorney) told him his mother can't take care of the child because I have been SAHM, fit mother, parents have priority over grandmom our child has only been around 6 times and ex is not involved in our child's day to day care since our child was born 5 years. He is involved in no care except every other weekend since he practices maybe 5 times a year since he is deployed or travels regularly. We are also going to court so I can ask to move out of state.

    He also did same thing with ED. He allowed the case to go on knowing he would not be entitled to anything yet he continued to let the legal issue going on causing my attorney to go to 3 status hearing updates, drawing up paper work and paying a mediator. Ex says his attorney told him to take it to trial even though the judge told them that I can sell the my assets and he would not hold the assets. He was found in contempt for not signing the paper and he blamed it on his attorney. Ex told the judge that his attorney told him that ex is entitled and shouldn't sign. He finally settled on mediation with nothing.

    Since I have run up expensive attorney fees for no good reason and the ex knowing he will not have primary custody or a share in ED, how likely can I be award attorney's fees at the end of the case? (my attorney is on vacation so I can't ask him)

  2. #2
    Join Date
    Mar 2012

    Default Re: Attorney Fees

    Your attorney can ask for attorney fees. Sometimes it will be granted, sometimes not.

    If the ex is not abusing the legal process, and what he's filed for is legitimate in terms of his right to hearings, etc., then, generally, each participant bears their own legal expenses. What you see as "no good reason" is subjective. It may very well be completely reasonable for the ex to assert what rights he feels he has under the law.

    I can't speak for NC law specifically. Ultimately, the Court will decide.

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