After D.R. recanted her allegations against Stepfather, the trial court returned physical custody of A.R. to Mother. The trial court found that Father's actions in seeking emergency custody of A.R. were not "frivolous or unreasonable." Appellant's Appendix at 20. Although Father moved to change custody of A.R. based on D.R.'s sexual molestation allegations that she later recanted, the trial court did not find nor can we say that Father engaged in misconduct during the course of the proceedings that would entitle Mother to attorney fees. Furthermore, Mother and Father have comparable earning abilities and similar resources at their disposal. Thus, we cannot say the trial court abused its discretion by denying Mother's request for attorney fees. See, e.g., Gilbert, 777 N.E.2d at 795 (<HOLDING>); In re A.J.R., 702 N.E.2d at 364 (holding that
holding the trial court properly denied the defendants motion to suppress where the totality of the circumstances supported a reasonable suspicion that criminal activity was afoot holding that there was no error where the motion court denied the defendants motion for postconviction relief without an express finding that the defendants escape impacted the criminal justice system holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was legally sufficient to support termination holding that the trial court properly denied a fathers motion for attorney fees where there was no misconduct by the mother holding that the defendants motion for discharge was premature and thus properly denied by the trial court