Attorneys Fees

[VST]

I filed a paternity action on my former girlfriend to have my name placed on my daughter's birth certificate. She kept refusing to acknowledge this although I have been paying support at an orally agreed upon amount of $400/mo which is to be raised to $500/mo when my daughter turns 2 in 3 mos. I am at her mercy as to when and for how long I am allowed to see my daughter. Over the past year, I have had her almost every other weekend although she restricts me as to what I am allowed to do - no visiting the zoo and then 3 weeks later, she takes her to the zoo, etc. - she wants me to keep her in the house to watch videos which she supplies.

She kept telling me that she was responding to the action but never did and today she served me with papers in which she is claiming that I have been a sporadic father who needs parenting classes and am not allowed to take my daughter out of the city. She is claiming that I should be paying her attorney fees because she had to take this action against me.

I have used a pro-bono attorney and completed all of the forms myself. I cannot afford an attorney. Do I have to pay for her attorney?

[Postman]

As far a I know, each of you are responsible for own attorney fees respectively.

Attorney fees are a liability in negligence and recoverable damages.

[tbyte]

All the crap about you being a sporadic father who needs parenting classes and that you should be responsible for her attorney fees is pure posturing and game-playing by her attorney. He/she is trying to intimidate you and/or aggravate you to the point where you behave stupidly.
It is also possible that she has a shyster attorney who told her that he would get you to pay his fees so that it would not cost her anything. That does not mean he will succeed, and she most probably will end up with the bill.
Keep your head about you. Get used to seeing horrible lies and exaggerations about you in every document this attorney files. It is all just part of the despicable game.
Did you file your paternity action with the court? How long ago?

[Postman]

2bit, JFTR. I dont mind being told I am wrong.

But, if you agree, stating that is a help in keeping us out of each others path.

thanks

[VST]

Thank you for your responses - I filed the paternity action with the court in late April and had her served with the papers in May. Should I try to find an attorney at this point even if I have to take out a loan? I want to be an active parent in my daughter's life.

[tbyte]

Originally Posted by Postman

2bit, JFTR. I dont mind being told I am wrong.

Then you and I should get along just fine.

VST, if you filed in April, you should have already had a court hearing. Was one scheduled? Exactly what papers did you file?

[Postman]

2bit, a chill just went up my spine, a reciprical chill?

[VST]

I filed the California forms:
FL200 - Petition to Establish Parental Relationship
FL210 - Summons
FL 105/GC120 - Declaration under Uniform Custody Jurisdiction

I was waiting for her to respond - she told me that she was working on her response and said that I would be receiving her response. So I guess she was leading me on beyond the 30 days so she could file her own papers.

[tbyte]

I do not understand how or why you were "waiting for her to respond".
You file the papers with the court, not with her. Did the court respond? If you can't answer my question, I simply cannot help you.

[VST]

The papers were filed with the court and served to her- she had 30 days to file her response with the court and have me served - I was waiting for her reply prior to calling mediation werefor an appt vso I knew exactly what her arguments were. We have to go to mediation prior to a court date.

I appreciate your help.