Legal Question in Family Law in Virginia
custody hearings
my ex- after 10 yrs has filed for custody of our 2 teen daughters. I don't believe has ahs any shot of getting it, for many reasons however I don't want to gamble on a chance of him having a good lawyer. You just never know. I can't afford attorney's fees right now (1/2 due to not getting child support)
My question is can he be held responsible for my legal fees - if he looses, if we settle outside of court, or mediation?
1 Answer from Attorneys
Re: custody hearings
If you're not represented by counsel,
there would be no claim to be made for reimbursement for attorney's fees.
However, if there's a property settlement agreement(PSA) incorporated into your final decree of divorce, you may wish to review it to seek whether it addresses the issue of payment of attorney's fees in the event of further litigation between the parties.
(If the issue is not referenced in the PSA or it is but there is no provision for you to be reimbursed, then it's unlikely you would get to have your attorney fees paid by your former husband.)
Nevertheless, you may still wish to seek legal assistance from one of the low cost legal services providers in your area which may be able to provide you with the services of one of their attorneys for your custody case at either no or moderate cost, depending upon your income and other assets.