reimbursement for custody legal fees?

[Anjelita]

What is the name of your state (only U.S. law)? PA

Hi there,

Back in May 09' my 9 year old son was abused by his biological father during a court ordered weekend visit. As a result of this abuse I had to obtain Emergency Custody of my son, after that I had to go to A Rule to Show Cause hearing, then I had to petition for a Change in Custody, now (after father has not shown up to supervised visitation since Aug 09') I am seeking Sole Custody.

My question is this, I had to obtain an attorney obviously due to the Emergency Custody, Rule to Show Cause and Custody Modification hearings. So far I've spent about 2k in legal fees. If he hadn't abused my son I wouldn't have had to petition for all these things. Since all these hearings are a direct result of his actions, can I possibly get compensated for the legal fees I incurred? Like I said, it's about 2k now, but I expect it will be more (there are several continuances on the other party's behalf, waiting for results of a criminal case for same abuse incident).

Also, if I can get my legal fees reimbursed for this, how do I go about doing it? Is it part of the criminal case? custody case?

Thanks!

 

[Ohiogal]

If he has to pay your attorney fees, it will be decided by the court at the same time that custody is decided.

 

[Anjelita]

Ok, thank you so much! Do I need to specify that I would like to be reimbursed?

 

[Ohiogal]

Ok, thank you so much! Do I need to specify that I would like to be reimbursed?

Your attorney should definitely file a motion requesting that your ex be responsible for your legal fees.