Question:

Can I make my ex wife reimburse my lawyer cost?

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my ex wife takes me to court all the time for custody of our two children, currently we have joint custody with shared physical, 1 week with each parent, every 6 months we are back in court, because she gets court appointed lawyers and I have to pay, its not fair and she never wins but I have to pay a couple thousand dollars every time, I live in NY state

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  1. Normally lawyers are not court appointed for custody, unless appointed for the child.

    Is there a support issue you have failed to mention?


  2. Ask your attorney.  He or she should address the issue of these frivolous motions and your costs.

    You state that she has court appointed attorneys.  Defendants in criminal cases have a right to court appointed attorneys, but movants in civil actions do not.  

    What does your attorney advise?  Listen carefully.

  3. The next time she sues,  you ask for a restraining order against her preventing her from filing any more suits unless there is a substantial change in her financial status,  your financial status,  living conditions or health of the children.   That way her court appointed attorney will know the conditions that he can file and if the conditions are not met,  he will face contempt of court rulings.   Your lawyer should know how to do this and if he does not know how or is unwilling to do so,  get a new lawyer.  

    You might also consider doing a preemptive strike on her.   After the next court case,   wait a week or two and then file on her.    She probably has made some nasty comments about you and you can get her for libel or slander.   Specially if she has said things to others not involved in the lawsuits.   Such as her hair dresser.  

  4. I think that is child abuse, if the court continues to rule with on your behalf, she should have to go to mediation class.

    She sounds like a very vindictave person who is utilizing the court system to weild power. Ask about mediation through the court.

    It does not serve the children well to be in constant turmoil, they feel trapped in the middle, far more important than money are your children's well-being.

    Please have your ex get some help, perhaps you can help her by being kinder, you both need to parent those children, you must come to a compromise.

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