Legal Question in Family Law in California
Can I counter sue my ex?
My ex wife has in the past accused me of child neglect, sexual misconduct, and just overall being a bad parent. We went to court, then mediation, then back to court where the judge accepted the evaluators recommendation to give me more time because I am a more involved parent with a more child focused home. So I went from 23% time to 50% time. Here it is a year and a half later and my ex is now accusing me of the same things and I was served papers to appear in court 2-02-00. All of her allegations are untrue and I can prove it again as I did a year and a half ago. My question is, can I counter sue her for harrassment and lying after this court date proves once again she is acting vendictive out of anger over our divorce?
1 Answer from Attorneys
Re: Can I counter sue my ex?
You can request that the court award you attorney fees based on the frivilous allegations made by the ex. The court can order her to pay all of your attorney fees and costs of defending the frivilous allegations. That would be simplest way to get your attorney fees paid. You may also want to consider requesting a change in custody. When a parent makes false allegations of abuse against the other parent it is harmful to the child(ren).