There is no authority for an award of counsel fees in a custody proceeding other than from one parent to another (Matter of Carnese v Carnese, 93 Misc. 558).
Subdivision (b) of section 237 of the Domestic Relations Law, the applicable statute, provides that only a husband or father can be directed to pay counsel fees in a custody proceeding. This section was amended in 1978 and the Legislature saw fit not to alter the...
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