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.

Lee is the founder of Rosen Law Firm and, while retired, still lives on through this website, a huge repository of information to help educate people about family law. It demystifies the divorce process, sharing the secrets and information that other lawyers normally try to keep hidden. Today, this website contains a vast assortment of webinars, legal forms, statutes, Q&As with lawyers, audio and video courses, articles, and lots more.

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