Understanding Attorney’s Fees in Custody Cases
Hi, my name is Dillan Savage of Wirth Law Firm – Oklahoma City, Oklahoma. Today we are going to be talking about potentially getting attorney’s fees in a family law case.
So just a general answer, yes you can get attorney’s fees in a family law case. However, it is extremely difficult, and it is rare to get attorney’s fees awarded to a party in a family law case.
Situations That May Allow for Attorney’s Fees
In order to get attorney’s fees awarded to you in a family law case, there are certain elements or certain situations that have to occur. For example, if you have been placed in an extremely bad financial situation and are undergoing financial hardship due to the other party’s actions, you could request attorney’s fees in the interim or during the case.
You could also request that you be reimbursed after the case has ended. If the other party has unduly delayed the proceedings, such as requesting numerous unnecessary continuances of hearings, you can request to be reimbursed attorney’s fees for that.
Proving Bad Faith and Its Implications
In certain situations, if the other party has acted in bad faith, that really just comes down to showing the court that they knowingly acted in a bad way to get a leg up on you. If you can present that information to the judge and prove to them that this individual was planning to act in some way or knowingly acted in bad faith, you might be able to get reimbursed for attorney’s fees.
It comes down to the totality of the circumstances. The judge is going to take all information within the case, including the undue delays and the bad faith actions, to determine whether or not you should be awarded attorney’s fees.
Seeking Attorney’s Fees During Your Case
There are situations where you can ask for interim attorney fees, which are fees during the case. However, that is likely going to be for undue delay or financial hardship. It really comes down to just the circumstances, but yes, you can potentially get attorney’s fees.
If you found this information to be useful or believe it could help someone else, please go to TheOklahomaAttorney.com. My name is Dillan Savage, child custody attorney of Oklahoma City, and thank you for watching.
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If you’re facing challenges in your custody case or have questions about attorney’s fees, don’t hesitate to reach out. Call us today at 405-888-5400 for a low-cost consultation to discuss your situation and explore your options.