I have been in a custody battle for close to 4 years. I am the adoptive mother in a same sex relationship. I was involved in this relationship for 13 years in NY and it went sour, My ex told me that she would do whatever possible to take away my rights as a parent, although I have emails from her to substantiate that i am a good parent. She has filed many false allegations against me to discredit my character...I have been bullied and harassed by her and partner; her partner has been arrested and convicted of assaulting me in front of my daughter, and she is now filing more false claims against me for sole custodial rights.
You mention that the relationship was in NY...if the existing litigation is in NY you should be seeking the advice of an attorney in NY.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
It's very, very rare that a false allegation will result in a counsel fee award. If you have absolutely solid proof that she proceeded in bad faith, it's not impossible (there was a recent appellate case where an ex was required to reimburse her ex nearly a million dollars in legal fees and expert fees), but those cases are the exception. Keep tape recording, keep building a record, it's not impossible, but I wouldn't bank on it.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
Don't bother with the laswuit. It's not going to prevail. Your best option is to ask for counsel fees to be assessed.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline