Category Archives: Custody

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

June 13, 2011. Success on Appeal.  Attorney Fees in Child Custody Case.

The Law Office of Anthony W. Greco successfully represented its Client in defending a Father Motion for Custody and obtaining a Order in the Union County Court for the reimbursement of attorney fees in child custody case in the amount of $40,000.00.  Not only was our Client successful in defeating the Father’s request for custody, but the 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’s in child custody case was, “based upon the scope, sophistication and duration of the litigation initiated by Father.”  The Union County Trial Court’s ruling was then upheld by the Court of Appeals of Ohio, Third Appellate Court District.

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 Attorney Fees in child custody case, 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 awarded $40,000.00 in attorney fees in child custody case.

Change in Circumstances and attorney fees in child custody case.

For the full case opinion, click here for link.

http://law.justia.com/cases/ohio/third-district-court-of-appeals/2011/2011-ohio-2847.html