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I am drafting an answer to a child visitation complaint. My

 
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  • Answered by:Ely
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I am drafting an answer to a child visitation complaint. My chilld and I reside in South Carolina and have since December 2003. The Plaintiff resides in New York. I have consulted an attorney and they told me what to admit and what to deny. I was told to deny the paragraph regarding the Plaintiff's request I pay his fees, based on the fact he refused to answer the complaint against him regarding custody back in 2006 and failure to appear for the hearing. Can I deny his request and request the court to have him pay my fees for this complaint? Or is this where I can only admit and deny. Thank you for your time.

 

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Country relating to Question: United States
State (if USA): South Carolina

Submitted: 292 days and 23 hours ago.
Category: Legal
Value: $40
Status: CLOSED

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Expert:  Ely replied 292 days and 23 hours ago.

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

I am sorry for your situation. It sounds like you are filling out an answer to a show cause for contempt.

I was told to deny the paragraph regarding the Plaintiff's request I pay his fees, based on the fact he refused to answer the complaint against him regarding custody back in 2006 and failure to appear for the hearing.

Correct - you may always deny the attorney fee request. Actually, denying this is the norm. It is up to the Court in the end. The Court would only make you pay her attorney fees if it feels that the contempt claim was valid and you were indeed in contempt. I am afraid that what happened in 2006 may not matter, and only what happens now. But of course, still deny the paragraph.

Can I deny his request and request the court to have him pay my fees for this complaint?

You can ask the Court in your response to make them pay your legal fees if you are found not to be in contempt. But again, for this matter, only, and not for the 2006 matter.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Legal
Pos. Feedback: 98.7 %
Accepts: 17594
Answered: 7/2/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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Customer replied 292 days and 23 hours ago.

Thank you for replying. You said you have a question?

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Expert:  Ely replied 292 days and 23 hours ago.

Hello,

Apologies, I think I used the wrong "introduction" header. How silly of me. What I meant to say was:

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

After that, here is the answer (in case you did not see it the first time):

I am sorry for your situation. It sounds like you are filling out an answer to a show cause for contempt.

I was told to deny the paragraph regarding the Plaintiff's request I pay his fees, based on the fact he refused to answer the complaint against him regarding custody back in 2006 and failure to appear for the hearing.

Correct - you may always deny the attorney fee request. Actually, denying this is the norm. It is up to the Court in the end. The Court would only make you pay her attorney fees if it feels that the contempt claim was valid and you were indeed in contempt. I am afraid that what happened in 2006 may not matter, and only what happens now. But of course, still deny the paragraph.

Can I deny his request and request the court to have him pay my fees for this complaint?

You can ask the Court in your response to make them pay your legal fees if you are found not to be in contempt. But again, for this matter, only, and not for the 2006 matter.

Apologies for the goof. Please let me know if you need anything else.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

 
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