The Law Office of Anthony W. Greco successfully represented a Mother in obtaining a Order for Father to reimburse $40,000 to Mother for attorneys fees in her child custody case. Not only was our Client successful in defeating Father’s request for custody, but Mother was successful in defeating 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 trial court ruled that awarding the Mother’s attorney fee case were, “based upon the scope, sophistication and duration of the litigation initiated by Father.” The Trial Court’s ruling was then upheld by the Court of Appeals.
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. Several years later Father filed a Motion for Reallocation of Parental Rights and Responsibilities 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 attorneys 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 pay this amount to Mother because Father’s actions greatly increased the time and expenses incurred in the case were greatly increased.