My fiancee's son's father has filed papers to gain custody 2 times without following through. She went to the first court appointment and then he just didn't pursue it anymore. We are out 3000 on a retainer for a lawyer. At what point would this be frivalous lawsuits or whatever it might be called?

Hello j:

You can call it frivolous now if you wish. But, if your question is, can you sue him for the legal fees you're out, the answer is no.

If he files another suit, you can certainly let the court know about the other two when you ask for a dismissal.

excon

Also "retainer"? Normally on a retainer it is money held in account and used toward services. The attorney will give you a itemized statement and return any money not used.

If it continues, is there a way to prevent him from doing it?

If I understand it right, the lawyer switched practices. The lawyer either did not take the retainer with him or he did not practice that area of law anymore. The office he was at would not honor the retainer,maybe. It was a few years ago.

Hello again, j:

If he files again, you can ask to have the case dismissed WITH prejudice. That means he can't file another one.

excon

If you paid for legal services which you did not receive you can report the Attorney to your local Bar Association.