If custody has to be enforced by civil contempt proceedings, can I receive attorney’s fees?

An order awarding custody is enforceable by civil contempt proceedings and disobedience to a court order can also be addressed in criminal contempt proceedings. Civil contempt can also be used as an enforcement measure during the pendency of the appeal of any order for custody. Our statutes allow, but do no require, the trial court to make an award of reasonable attorney’s fees in a custody action. An award of fees requires that the court find the interested party to be acting in good faith and to have insufficient means to defray the expenses of the suit. Such an award is not limited to the prevailing party.

  • Fox 50
  • cnn
  • cnbc
  • abc.com
  • The new york times
  • Good Morning America