County of Orange v. Marino
After the start of an evidentiary hearing to address issues of child custody and visitation, Lirra Marino-Bishop (Bishop) requested the family court order her ex husband, Mark Marino (Marino), to pay her attorney fees and costs, pursuant to Family Code section 2030, and to continue the hearing. The court denied her request as untimely, and Bishop appealed.
More than 18 months had passed between the filing of Marinos order to show cause (OSC) regarding child custody and visitation, and the date Bishop filed her motion for attorney fees and costs. Bishops motion was filed after the hearing had begun, and just three court days before the continued hearing date. Given these circumstances, we conclude the family court did not abuse its discretion by determining Bishops motion was untimely, and Court therefore affirm.
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