Can a civil suit damage custody hearing?

[onedaddy]

I posted ? for Soc, but he's on vacation and I really value everyone's opinion on this site.

Among other venues, BM filedcompletely false reports wiht the police against DH having him arrested 2x.  The 1st time was 9/03 and as we didn't understand the criminal system we accepted an ACD.  The 2nd arrest was in 3/04 and we were forced to cut our vacation short so DH could surrender some 100 miles from our home.  I posted $2500 bail while DH was shackled and taken via a bus with no windows filled with prisoners to a maximum security prison cell, where he was stripped searched and witnessed some scary stuff.  DH was eventually offered another ACD but we smartened up, forced a trial and 5 months later he was exonerated.  The judge stated she was inconsistent and he didn't believe a word she said.  

The forensics evaluator stated she using the system to get her way and will not stop unless she is made to pay monetarily.  I agree and we decided to file a suit with small claims court  for the lawyer fees.  I think this is a small price for her to pay, but as she has no assets we'd rather not pay a lawyer for monies we will probably never collect.

Our custody lawyer feels we should sue her for much more but we should wait until the custody trial is over because the judge might look at US differently.  The case has been going on for over a year and the trial has yet to begin.  It has been adjorned for the past 2 months and we are know told BM might have fired her 2nd attorney, prolonging the case even more.

We have already past our statute of limitaions on the first arrest.  I am also afraid that if we lose the custody case we will look like we are only doing this out of retaliation since we took so long to take action.  And if we win they will feel bad taking her kids and her money.

Any thoughts?