Attorney Fees In Child Custody Case Mother Gets $40,000

Greco Law successfully represented a Mother in obtaining an Order for Father to reimburse $40,000 to Mother for attorney fees in her child custody case. Not only was Mother successful in defeating Father’s custody request, but Mother successfully defeated Father’s request for additional parenting time. The Union County Trial Court found that there was no change in circumstances requiring any change in custody of Mother, nor for the visitation of Father. Further, the court stated Mother’s award was, “based upon the scope, sophistication and duration of the litigation initiated by the Father.” The Appeals Court then upheld the Trial Court’s ruling.

Change In Circumstances Required

In this case, the parties were divorced and in their Agreed Judgement Entry, they agreed that Mother would have sole custody of the minor child, and Father would have parenting time that was less than the Union County Local Rule. Years later, Father filed a Motion for Reallocation seeking full custody or, in the alternative, an increase in parenting time. After a full trial, the Union County trial Court ruled that Father failed to prove that a change in circumstances had occurred, and therefore, no modification of the original Order could occur, neither in child custody, nor parenting time.

Attorney Fees In Child Custody Case

The Mother filed a Motion for attorney fees, and as the Trial Court ruled, that as a prevailing party, and due to the scope, sophistication and duration of the litigation initiated by Father, Mother was entitled to $40,000.00 in attorney fees in her child custody case. The court ordered Father to pay this because his actions greatly increased the time and expenses incurred in the case.

For the full case opinion, click here for the link.

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Attorney Anthony W. Greco has over 25 years of experience fighting for his clients. Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests. Every member of our team treats each client’s case as unique, focusing on what is important to that individual client. We have represented numerous clients on both sides of modifying child support. Contact us and see what sets us apart from other firms.