California
Can I make the other parent pay my attorney fees in a custody case in California?
Quick answer
You can ask, and in some cases the court must order it. If the court finds a disparity in access to funds to hire a lawyer and that the other parent is able to pay for both, Family Code section 7605 (never-married parents), section 2030 (divorce and legal separation), and section 3121 say the court shall order fees. Separately, section 271 lets the court award fees as a sanction.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Family Code section 7605(b): “When a request for attorney’s fees and costs is made under this section, the court shall make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs.”
Section 7605(a) applies this to proceedings to establish custody or visitation under the Uniform Parentage Act and to later proceedings after the judgment. Section 2030(a) has the same findings requirement for divorce, nullity, and legal separation cases, and section 3121 for custody actions between spouses under section 3120. Each lets a parent without a lawyer ask, “as an in pro per litigant,” for a reasonable amount to retain an attorney.
Section 271 works differently. An award under it “is in the nature of a sanction,” based on conduct that frustrates the policy of promoting settlement and reducing the cost of litigation; the requesting party “is not required to demonstrate any financial need”; and the court cannot impose an unreasonable financial burden.
What to do next
Rule 5.427(b) of the California Rules of Court lists the filing: a Request for Order (FL-300), the Request for Attorney’s Fees and Costs Attachment (FL-319), a current Income and Expense Declaration (FL-150), and a supporting declaration on form FL-158 or its equivalent. Rule 5.427(d) says the simplified FL-155 cannot be used for fees. If the other parent asks you to pay, rule 5.427(c) says to respond with an FL-320, a current FL-150, and an FL-158.
Last checked against the sources above on October 6, 2026.
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This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
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