Sue for court cost

[southernboy460@]

What is the name of your state (only U.S. law)? il or ky
If you read my other post you will understand the situation. Basically my mother in law is trying to take my step son from me and my wife. Her only reason is because she doesn't like me because I am a drill seargent in the army. That and I have built her daughter(my wifes) confidence level up. Which the mother was the one always bringing her down. Anyway She keeps taking us to court because her boyfriend make alot of money and she knows sooner or later I will run out. Am I able to sue them for court costs because they are just doing it because. We are great parents and she is taking money away from the child.

 

[Proserpina]

What is the name of your state (only U.S. law)? il or ky
If you read my other post you will understand the situation. Basically my mother in law is trying to take my step son from me and my wife. Her only reason is because she doesn't like me because I am a drill seargent in the army. That and I have built her daughter(my wifes) confidence level up. Which the mother was the one always bringing her down. Anyway She keeps taking us to court because her boyfriend make alot of money and she knows sooner or later I will run out. Am I able to sue them for court costs because they are just doing it because. We are great parents and she is taking money away from the child.

This is NOT your child - please remember that. You are not the child's parent - k?

Now - with that in mind, how long did Grandma have custody (whether formal or otherwise) of the child? How old is the child?

(You can't sue them for a darned thing - your wife, however, MIGHT have recourse....but the circumstances need to be explained).

 

[southernboy460@]

I know I am only the step father and I understand I can't do anything I know it has to be her to do it but I wanted to know if there was any grounds to stand on before we started looking down that road. She had temp custody for I think 5 months max. But we still had phsical custody of him the whole time.

 

[Zigner]

But we still had phsical custody of him the whole time.

Please understand the point that is being made. WE did not have ANY custody. MOM did, but you did not.

 

[John_DFW]

The time that it is most likely to do you any good is to counter sue for reasonable attorney fees when she takes you (or really, your wife) to court.

The judge will have just seen whether or not there was any merit to the suit, and may side in the counter claim for attorney fees.

Filing a suit now may just start another round of legal battles, Let sleeping dogs lie for now.

 

[Free_Advice]

Filing a suit now may just start another round of legal battles, Let sleeping dogs lie for now.

I don't think you CAN start a separate suit for fees .. must be done via countersuit.

 

[John_DFW]

I don't think you CAN start a separate suit for fees .. must be done via countersuit.

You can file for anything you want...

Sometimes the court doesn't accept the petition

I believe in cases of contractual obligation for attorney fees, you can start a suit solely for the attorney fees.

 

[southernboy460@]

When it comes to physical custody I can say we because he was in my possesion. I understand what you are saying though. I know I have no grounds in this. It is between my wife and her mother. I am leaving it be for now but the mother has threatened to keep us broke by continuing to take us to court. If she apeals this again I will bring it up to the lawyer.