Modification and Attorney’s Fees

In many jurisdictions, the statutory framework provides a basis for awarding attorney’s fees in family law matters. For example, Tennessee Code Annotated section 36-5-103(c) allows for the recovery of reasonable attorney’s fees by the prevailing party in any proceeding to enforce, alter, change, or modify child custody, child support, or a permanent parenting plan order. This statute is designed to ensure that parties can adequately protect their interests and those of their children without being unduly burdened by legal costs. 

In a recent post-divorce custody modification case, the primary issue on appeal was the awarding of attorney’s fees. After the father sought increased parenting time with his minor daughter, I.B., the trial court found a material change in circumstances warranted the modification and awarded him $15,000 in attorney’s fees, covering roughly half of his legal expenses.

The mother challenged the trial court’s decision, arguing that the award was inappropriate. The appellate court, however, affirmed the trial court’s decision. The reasoning was based on several factors: the father was considered the prevailing party, having successfully obtained a significant modification in his parenting time. Additionally, the court noted that the father’s request was made in good faith.

Despite the mother’s appeal, the appellate court found no abuse of discretion in the trial court’s decision to award attorney’s fees to the father. It highlighted that the father’s primary relief sought was granted, which constituted his prevailing status, even if not all his requests were fully met. Moreover, the court emphasized that awarding attorney’s fees in such cases is common when deemed reasonable and appropriate.

Ultimately, the trial court’s judgment on attorney’s fees was affirmed as modified, while a price cap on the child’s therapy fees set by the trial court was vacated. Neither party was awarded attorney’s fees for the appeal, maintaining the trial court’s stance on both parties bearing their own costs for the appellate proceedings.