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ilovetobake07

attorneys fees

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can a defendant sue a plaintiff for attorneys fees from a frivolous custody battle that resulted in a judge stating the defendants rights were violated and the child was returned to the mother (def). the case ended in 2011.

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You can sue anybody for anything, but the real question is will you be successful.  I doubt it, if the judge did not order attorney's fees in the original case I don't think another judge will second guess that.  secondly the American rule is that each side pays their own attorney's fees, unless there is a contractual provision providing for payment or there is a specific statute providing for the payment of attorney's fees.

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Anyone can sue anyone for anything.  In the situation you described, attorneys' fees should have been sought in the family law matter, not a separate lawsuit, and it should have been done at the time, not six years after the fact.

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