Can I sue someone for attorneys fees?
Asked Feb 16, 2011, 02:14 PM
Here is a quick snapshot of what I am asking to do and if its possible. Over the summer my daughters father decided after 11 years to try and take placement custody of our daughter. We went to court and the first day the judge entered a temporary change in placement to her dad and then the fight began. We had to hire a GAL and do a home study. Long story short it took 5 months, the GAL's recommedation was in my favor as well as the Custody Evaluation was all in my favor that my daughter be returned to me ASAP. 4 days before court my ex's lawyer sent me an "offer" he was offering to give my daughter back to me and a few other things that are not significant. That day in court everything that we agreed to was put on record and the judge gave his attorney 30 days to write the order up for our signatures. Since that day which was 30 days ago, my ex and his attorney are playing games in getting this order written up. They are trying to change things and add things that were not put on record that day in court. Needless to say my attorney has had to go back and forth and this is costing me additional money because he is playing games. I heard through a mutual friend that he said he dragged out this entire thing because he knew I was not working and wanted to cause financial distress to me and my husband. He has now cost me an additional $1300.00 since court because they keep trying to change what has already been decided. This entire thing has cost me $10k so far. What I need to know is this, can I take him to court for all attorneys fees? He didn't even try to fight in the end he just gave up after he cost me all this money. Don't get me wrong I am glad that he did but still! So I need to find out if I can sue him and if so do I go to the family court and county where our custody case was? Or do I take him to small claims court? Do I take him in the county he lives in or me? Any info from anyone would be greatly appreciated. I feel that he did this maliciously to cause financial distress and he should pay for it.