Attorney fees

[Jackie1884]

We are all in MN.  We share legal custody.  I am NCP.  Several months ago I retained an attorney to establish set visitation and holiday time with my kids.  Our divorce only stated liberal visitation and NCP has become difficult to deal with.  I'm asking for standard stuff (every other weekend, every other holiday).

My attorney advised me to first go to meditation.  We attended two sessions at no charge.  My ex cancelled the 3rd session.  She was completely unwilling to negotiate on several points.  She has been uncooperative from the start.  She lied twice about having an attorney, has ignored my attorney's calls and letters, just generally delaying the process.

She now actually has retained an attorney.  She has been much more cooperative since.  The four of us have a meeting set to discuss my request.  It's possible we may finally come to an agreement and avoid court.

In the last letter to her, my attorney stated we'd be requesting attorney fees from her because of her un-cooperation and delays.

1. Do we have to end up in court for these parenting time issues for me to recoup some of my attorney fees?  

2.  If we don't go to court for these issues can I still go to court to request she pay my attorney fees?

Thank you for your time.

[socrateaser]

>1. Do we have to end up in court for these parenting time
>issues for me to recoup some of my attorney fees?  

No, you can settle on everything including attorney fees. But, ultimately if the other party doesn't want to pay, then it's up to the court to award or deny fees and costs.

>
>2.  If we don't go to court for these issues can I still go to
>court to request she pay my attorney fees?

Yes, you could settle everything but attorney fees, and leave those to the court to decide. But, that's a pretty rare event, in my experience.

Blood is thicker than water, but money absorbs blood and remains green, even through a wash and dry.