Non Existent Attorney’s Fees Must be Considered in Custody Case

In Davis v. Petito the trial court awarded attorney’s fees to a father who it found had been falsely and baselessly accused of sexual abuse by the child’s mother. The Court of Appeals reversed the case indicating that the trial court had to consider attorney’s fees incurred (but neither owed or paid by mother) to the Sexual Assault Legal Institute (SALI) which represented the mother free of charge. In other words, the mother got a free lawyer to facilitate the bringing of baseless sexual abuse charges and the father, who had to pay his lawyer, could not get awarded his fees unless fees – that the mother did not ever have to pay were considered.

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