Attorney’s fees in a New York custody case may be awarded by the court, but they are not automatic and are awarded rarely. In certain circumstances, a judge has the discretion to order one party to contribute to the other party’s legal fees to help ensure that both sides have a fair opportunity to present their case.

When deciding whether to award attorney’s fees, the court may consider factors such as the financial circumstances of each party, whether one side has substantially greater resources, and whether either party has unnecessarily prolonged the litigation or acted in bad faith. The goal is not to punish a parent, but to promote fairness and allow custody disputes to be decided on the merits.

Not every request for attorney’s fees will be granted. Each case is unique, and the court has broad discretion in determining whether an award is appropriate and, if so, how much should be paid.

If you are involved in a custody dispute, a New York family-law attorney can evaluate whether seeking attorney’s fees in a New York custody case may be an option based on the facts of your situation.