Legal Question in Family Law in Texas

Recovering attorney fees from frivalous law suit
My husband has custody of his 1st child from a previous marriage. His ex-wife always had VERY limited contact w/ my stepdaughter but took us into court to place geographical restrictions on us when we decided to move to FL- where I was born & raised and all my family lived. She also petitioned to lower child support. Child support was set & the judge allowed us to move w/ new visitation guidelines. We have been here for a year now & have not heard from her mother at all. My daughter has called several times leaving messages w/ no call back, no call on birthdays or Christmas. We've sent certified letters regarding Xmas visitation & even bought plane tickets. The letters were not claimed & the tickets never used. We have mailed her our new address, phone #, e-mail, school schedules, report cards, etc. w/ no response. We are wondering if we are able to sue for the atty fees spent on the case last year -we feel her primary reason for suing was to lower child support since she quit her job. We spent alot of money on a case that wasn't at all necessary since she hasn't even attempted to see or talk to my stepdaughter since May of 2005.

Asked on 5/25/06, 4:32 pm

James Grissom Law Office of James P. Grissom

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Re: Recovering attorney fees from frivalous law suit

No. You could have asked for attys fees at the hearing but it is strictly up to the judge to award attys fees.

Answered on 5/25/06, 10:12 pm

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