Legal Question in Family Law in Texas

Paying attorneys fees

I am a previous poster ... w/ new question . Regarding child custody .

Ex husband filed for custody of one of our two children . The ages then were 12 and 15 (now they are 14 & 17 ) . No question of paternity or anything like that . Just the oldest doesn't want to live w/ Dad . Anyways I retained an attorney . And filed the proper paper work . THEN husband doesn't continue w/ proceedings . Custody was NEVER changed . I asked my attorney at the time . If I could make my ex pay attorneys fees ? (Since I had to borrow from a relative , which I am still paying back little by little) And he said not really since I needed an attorney to represent me . Is this true ? Couldn't I file for a frivolous lawsuit or something ? Since the matter was never followed through ? As of right now I still have child in my custody & legal custody . I know I should thank my lucky stars I still have my child w/ me . But I owe someone her money back . And I feel since he didn't follow through . Should'nt he have to pay ?

Can I take him to small claims court on this ? I live in Texas . DFW area . Fees were like $1300.00 . Is there anyone in DFW that thinks I have a chance at getting the money back ? And would anyone charge an hourly fee to help me ?


Asked on 10/13/08, 9:52 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Paying attorneys fees

Generally speaking, without knowing the specifics of your case, attorney fees are awarded in family law matters when one of the parties has demonstrated to the court some kind of egregious behavior or conduct. Simply filing a case, and then dropping it, does not reach the level of egregious in my opinion.

Read more
Answered on 10/14/08, 11:54 am
TC Langford Langford Law Office

Re: Paying attorneys fees

I meant to add to my previous post, that you should not begrudge this. Thankfully you had a relative that was willing and able to loan you the money for attorney fees, and thankfully you are a person of integrity that is repaying the loan. Even more, your attorney fees were minimal, compared to what it could have been if he had gone forward with the lawsuit. Lastly, you did the right thing, inasmuch as he may well have filed the lawsuit believing that you would not/could not hire a lawyer, and could steamroll you. The mere presence of your attorney could well have caused the entire matter to disappear.

Read more
Answered on 10/14/08, 11:56 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas