2009 California Family Code - Section 3120-3121 :: Chapter 7. Action For Exclusive Custody

3120.  Without filing a petition for dissolution of marriage or
legal separation of the parties, the husband or wife may bring an
action for the exclusive custody of the children of the marriage. The
court may, during the pendency of the action, or at the final
hearing thereof, or afterwards, make such order regarding the
support, care, custody, education, and control of the children of the
marriage as may be just and in accordance with the natural rights of
the parents and the best interest of the children. The order may be
modified or terminated at any time thereafter as the natural rights
of the parties and the best interest of the children may require.

3121.  (a) In any proceeding pursuant to Section 3120, and in any
proceeding subsequent to entry of a related judgment, the court shall
ensure that each party has access to legal representation to
preserve each party's rights by ordering, if necessary based on the
income and needs assessments, one party, except a government entity,
to pay to the other party, or to the other party's attorney, whatever
amount is reasonably necessary for attorney's fees and for the cost
of maintaining or defending the proceeding during the pendency of the
proceeding.
   (b) Whether one party shall be ordered to pay attorney's fees and
costs for another party, and what amount shall be paid, shall be
determined based upon (1) the respective incomes and needs of the
parties, and (2) any factors affecting the parties' respective
abilities to pay. A party who lacks the financial ability to hire an
attorney may request, as an in pro per litigant, that the court order
the other party, if that other party has the financial ability, to
pay a reasonable amount to allow the unrepresented party to retain an
attorney in a timely manner before proceedings in the matter go
forward.
   (c) Attorney's fees and costs within this section may be awarded
for legal services rendered or costs incurred before or after the
commencement of the proceeding.
   (d) The court shall augment or modify the original award for
attorney's fees and costs as may be reasonably necessary for the
prosecution or defense of a proceeding described in Section 3120, or
any proceeding related thereto, including after any appeal has been
concluded.
   (e) Except as provided in subdivision (f), an application for a
temporary order making, augmenting, or modifying an award of attorney'
s fees, including a reasonable retainer to hire an attorney, or
costs, or both, shall be made by motion on notice or by an order to
show cause during the pendency of any proceeding described in Section
3120.
   (f) The court shall rule on an application for fees under this
section within 15 days of the hearing on the motion or order to show
cause. An order described in subdivision (a) may be made without
notice by an oral motion in open court at either of the following
times:
   (1) At the time of the hearing of the cause on the merits.
   (2) At any time before entry of judgment against a party whose
default has been entered pursuant to Section 585 or 586 of the Code
of Civil Procedure. The court shall rule on any motion made pursuant
to this subdivision within 15 days and prior to the entry of any
judgment.