Legal Question in Family Law in Oregon

Can prevailing party seek reimbursement of legal expenses?
I offered my ex and teenage children a very reasonable parenting plan for review which asks for two weekends per month visitation with me and some provisions for the children's best interest relating to school, safety and family counseling time with me for the next twelve months.

My ex and children have rejected my proposal and are now seeking sole custody and child support, with no provision of parenting time for me at all - ZIPPO.

I am not a criminal and have done nothing wrong. I've cooperated and been accommodating since my children initially voiced their wishes about living at their dad's full time, rather than the 50/50 parenting time we've been under until now.

I have a hard time fathoming a judge granting this request if it is contested, as the long term effects of eliminating parenting time with one parent can't be good for the children.

If I prevail in contesting this request, can I also ask to be reimbursed for legal fees? Likewise, if my ex prevails, is it possible they will ask me to reimburse his legals fees?

All I want is to have a right to spend time with my children and have a plan in place. However, paying all these costs and child support scares me and I don't want to have to sell my home

Asked on 8/13/08, 2:58 am

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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Re: Can prevailing party seek reimbursement of legal expenses?

YOUR FIRST QUESTION:

If I prevail in contesting this request, can I also ask to be reimbursed for legal fees?

ANSWER:

YES.

YOUR SECOND QUESTION:

Likewise, if my ex prevails, is it possible they will ask me to reimburse his legals fees?

ANSWER: YES.

Answered on 8/13/08, 3:50 pm

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