How much does a child custody attorney cost

How Much Does a Child Custody Lawyer Cost?

Have you considered hiring a child custody lawyer but are unsure if you can afford one? You are not alone, there are many others in your same predicament. While it’s important to consider what a child custody lawyer costs, it’s also imperative that you understand the implications of not hiring an attorney.

Typically, child custody lawyers charge $3k - $5k, just to get started. From there, many charge an additional $300 - $500 per hour for their services. If it sounds like it’s expensive to hire a child custody attorney, that’s because it usually is. Learn more below about the cost of a child custody lawyer and where to find affordable services.

Click here to connect with an unbundled attorney for a free consultation

What Can I Expect From a Child Custody Lawyer?

Child custody lawyers (also called “family law attorneys”) advise and support their clients in all matters related to child custody. Their function is to advocate on their client’s behalf to create or modify a custody agreement that reflects the child’s best interests and needs. Child custody lawyers provide a variety of family law services to include:

Divorce and legal separation
Development of parenting plans and custody agreements
Establishment of paternity
Modification of existing child custody agreements
Guardianship
Adoption

Additionally, child custody lawyers guide clients through the paperwork, represent them during mediation or in court, draft and file motions, conduct investigations, prep clients for court, and negotiate child support payments. Child custody attorneys typically charge high rates because they offer you all of their services and ability (some of which you may not need) bundled together while working on your case.

Why Are Child Custody Lawyers so Expensive?

The largest factor that affects the cost of a child custody lawyer is attorney fees. However, there are other elements that can add to the overall cost of your attorney such as:

The type of custody dispute
Cost of expert witnesses and/or specialists
Miscellaneous fees
Number of hours spent on your case
The complexity of your case
Guardian ad Litem appointments
Depositions
Number of motions filed

The type of custody dispute that you have can greatly influence the cost of a child custody lawyer. Below, are a few examples of child custody cases and how they can affect the final cost of your attorney.

Why Are Contested Cases More Costly?

A contested child custody case is one in which the parents have not come to a concrete agreement on custodial issues like child support payments, parenting time (including holiday schedules), property division, etc.

Attorneys typically charge an upfront retainer and hourly rate for contested child custody cases. Contested cases are typically more expensive due to the amount of time in court, the need for mediators, as well as additional depositions.

On the contrary, an uncontested child custody case involves two parents that have already come to an agreement about the custodial issues that matter most. Some attorneys will charge a flat fee for uncontested cases.

How Shared Custody Cases Affect the Cost of Your Attorney

In most states, an approved parenting plan is required of those that are in the midst of a divorce and child custody case. A parenting plan is a guideline created by the parents that govern how each party will move forward on all matters related to their children. At a minimum, a parenting plan must address:

A parenting schedule, which is a detailed description of how much time the children will spend with each parent and when
Custodial Agreement that outlines the parameters of physical custody as well as legal custody
Designation of responsibility for healthcare (i.e. decisions, costs, etc.)
Responsibility for school-related matters
Details of how each parent will communicate with the children

Shared parenting plans require trust and teamwork. When one partner is not living up to their end of the bargain, or there are changes in the needs of the children, it is common for the opposing parent (or both) to request changes to the shared parenting plan. Changes to parenting plans are commonly requested for such reasons as:

The children are older and the plan currently in place does not meet their needs
Relocation of one parent
New work schedule by one or both parents
Lost job or decreased income
Safety risks posed to the children

Potential services that attorneys provide to clients when changes to a shared parenting plan are requested can include phone calls, drafting and filing legal motions, representation during settlement negotiations, discussions with the representation of the opposing party, court appearances.

If the changes requested to a shared parenting plan are uncontested, the fees are typically far less than if the changes are contested.

Will it Be More Expensive if My Attorney Develops a Custody Agreement and Parenting Schedule?

A child custody agreement and parenting schedule are integral parts of a strong parenting plan. They are the backbone of the entire agreement. While the parents can develop both without hiring attorneys, it is typically not in the best interest of either party to do so. Learn more about an attorney’s role in developing a custody agreement and parenting schedule below.

What is a Custody Agreement?

Child custody agreements outline the guidelines for custody between each parent. Many custody agreements also address child support, as well as whether or not third parties such as grandparents can assume custody in the event of the death of one or both parents. Custody agreements typically instruct the parents on many issues to include:

The decision of primary physical custody
Which parent is granted legal custody
How the custody will be split
Visitation schedule

Attorneys typically advise and help throughout all stages of the development of a custody agreement. There will be there through the negotiation process as well as the finalization. The number of additional services needed will largely depend on whether or not the parents are in agreement on most issues.

What is a Parenting Schedule?

During a divorce, developing a parenting schedule can be one of the most stressful issues that parents face. Creating a schedule that works for both parents, additional caregivers (nanny, family members, babysitters, etc.), and is in the child’s best interest, can be difficult, to say the least.

If the parents cannot come to an agreement before or during mediation (if necessary), then the court will create a parenting schedule for them. In this case, the court will allow your attorney to advocate for your position, as well as the opposing parent and then come to a conclusion.

If the details of the parenting plan are contested, an attorney may have to expend many more hours on filing paperwork, conducting investigations, prepping you for court, and arguing on your behalf in court.

What Makes a Child Custody Case Complex?

Every child custody case is different. However, some are more complex and can lead to lengthy and expensive legal battles. Complications in child custody cases often arise due to a number of factors to include:

Mental illness in children or parent(s)
Abusive environments
Inadequate living conditions
Alcohol and/or drug abuse
Criminal history

When one parent has concerns about the other parent’s ability to provide their children with a safe environment, they are likely to hire an attorney that will conduct a thorough investigation. Investigations are used to establish the presence of unsafe conditions. They can be long, drawn-out, and quickly add to legal fees.

Who Pays Attorney Fees in Child Custody Cases?

In general, both parties are responsible for paying for their own legal fees in child custody cases. However, this does not always occur. In some cases, the courts will grant an exception in cases where there is a great difference in financial resources between the two parties or one party cannot afford legal representation. Additionally, judges can make the decision to award attorney fees depending on the circumstances of the case.

Do I Need a Lawyer’s Help With My Child Custody Case?

Some parents are able to amicably negotiate and come to a child custody agreement on their own. However, most child custody cases are not that simple. When child custody is at stake, the decision that you make about your legal representation can play a pivotal role in whether or not there is an outcome that is favorable to you and in the best interest of the child.

Learn more below about when it is in your best interest to hire a child custody attorney and when you may be okay without legal representation.

Should I Hire a Child Custody Lawyer?

It is typically not in your best interest to go into any legal proceedings without adequate representation. However, many are still unsure if their situation warrants getting lawyers involved. Listed below are some reasons why you may need an attorney's help in your child custody case.

You have a complicated custody case
You and your ex don’t live in the same state
Your children’s safety is at stake
Your ex is not allowing you to see your children or wishes to prevent you from doing so
You have been court-ordered to take classes or enroll in an alcohol or drug abuse program
You and/or your ex’s circumstances have significantly changed
Your ex has already decided to get a lawyer

I Think I Can Handle My Case on My Own

Some individuals involved in child custody cases are in alignment with what is best for the children as well as what will work best for themselves. In this case, both parties may decide to not involve attorneys.

However, by not taking advantage of the services of a family lawyer, you may be leaving yourself vulnerable to undesirable situations. For instance, if your ex seeks counsel from an attorney without your knowledge, you could be in an uphill battle during one-on-one negotiations with them.

Generally, it is recommended that you hire a proven and experienced child custody lawyer whenever the custody, safety, and needs of your children may be in jeopardy.

Are There Ways to Save Money on My Child Custody Case?

It’s no secret that the cost of a custody battle (especially when coupled with a divorce) can be expensive for all parties involved. Though it may seem impossible, there are ways to save money. Listed below are a few ways that you can save money on your child custody case legal expenditures.

Minimize the fights with your ex: The more arguing and fighting, the less likely both parties are to reach an agreement in a timely fashion. The longer your case goes, the more you are likely to spend on legal fees.
Be Prepared: The more work your attorney has to do, the more they will charge. Thus, have all pertinent financial documentation and personal information available. Being prepared will help you to save time, and saving time will save you money.
Use Unbundled Legal Services: Most child custody lawyers handle your case from start to finish. This results in exorbitant fees that most people cannot afford. However, Unbundled Legal Help services offer you the ability to hire a lawyer only for specific parts of your case while saving significant money. Learn more below.

How Can Unbundled Legal Services Help Me to Save Money?

As you are likely aware, attorneys can be expensive. While there is no doubt that their services are beneficial and necessary in child custody cases, not everyone can afford $3k - $5k plus an additional $300 - $500 per hour.

Fortunately, fees for unbundled legal services start as low as $500 - $1500.

This gives you the opportunity to hire an attorney to handle certain parts of your case while you handle others. Deciding to work in tandem with your child custody lawyer using unbundled legal services can save you time and money.

It should be noted that unbundled legal services may not be a good fit for every child custody case. If your case is more complex, our lawyers also offer full representation at affordable rates.

Before you spend thousands upfront, fill out an online form, get instantly connected with an unbundled lawyer in your area and learn if your case is a good fit to be unbundled.

How much does a North Carolina child custody lawyer cost?

The average North Carolina case cost for child custody lawyer is between $2,500 to $5,000. Given that both parties cooperate and are ready for mutual settlement over the legal issues. In complex and continuous ongoing cases where the parties have not agreed upon or are not ready to compromise the issue of custody, goes on a trail, depositions, filing motions, excessive court time, hiring experts which can increase the cost up to $5,000 to $40,000 or more.

Child Custody Issues in North Carolina

If you are being divorced with your spouse and have kids, the situation of child’s custody may arise. The most concerning factor here remains the cost of the lawyer in a child custody case. If you are the one confused with the same, then this article might help you. There are lots of things to be considered when it comes to child custody. The judges would have to look for the best interest of your child while considering a variety of factors to determine the custody. The first step for the parties is to look for family law experienced attorneys. The custody varies of two types i.e joint or sole custody. This means either both the parents will have the right to raise their children or only the single parent. The fees and rates can vary with the situation.

What Can a Child Custody Lawyer Do?

In child custody cases, the court gives a right to the divorced parents for seeking custody of the child. The one with the custody will have the rights to take all the major decisions of the child. This right can be accessed by biological parents of the child, no matter whether they remarried or not. The court analyzes various factors and grants custody to the parent who is most fit for the child. Make sure you consult with a well-qualified attorney who specializes in child custody to ensure your rights are protected. We at Culbertson and Associates hold 60+ years of combined experience in the field of family law and know the entire North Carolina legal process hence we ensure every stage of the child custody case goes smoothly and our clients get the desired results.

How Much Does it Cost to File for Child Custody?

To file a case you need to pay a filing fee which is set by your local district clerk’s office of the country where you are planning to file a case for your child’s custody. This normally ranges from $200 to $400. However, if you are incompatible to pay the fees then you can fill the waivers form at the district clerk’s office and check whether if you qualify for it or not. If you cannot afford the filing costs, there are waivers at the district clerk’s office that you may fill out to see if you qualify for a fee waiver. The cost also varies due to continuous cases where parties are unable to do a settlement.

Some attorneys charge the consultation fee where the parties decide if the attorneys will take their case or not. However, some attorney may charge this fee while some may not.
The attorney may ask for the portion of the total fee as a referral fee if he refers the parties to other attorneys.
Some attorneys charge a flat fee which is considered for straightforward and simple cases with fixed and specified amount whereas some charge hourly fee. They may charge separately for legal research and court appearance too.
Most lawyers demand retainers I.e fees to be paid as a down payment. If this amount gets exhausted, the party need to add more into it but if the money is left they may return it in the last. However many lawyers have non-refundable policies too.

Factors which Impact the Cost of a Child Custody Lawyer

In the case of a child’s custody, a larger portion of expenses are derived from attorney’s fee but still, the other factors determine the overall expense of the case. The factors which impact the cost of a child custody lawyer are:

North Carolina family law attorney fees generally vary from $100 to $500 per hour. The factors like attorney’s credentials and location have a major role to play in the actual rate. Each attorney sets their fee which is considered by their experience, abilities, and established a reputation. The fees also depend on the education of the attorney from where he got graduated.
The lawyer may also charge the parties for extra official works which include copying and faxing documents in addition to paralegal services, travel expenses, and more.
Other miscellaneous expenses may include court filing fees, paper works, court reporter fees, and expert witness fees.
If the party is working with a mediator, the expense may vary from approximately $100 to $300 per hour.
Some cases need special assistance of an expert or child psychologist while in many cases in mandatory to get through the evaluation.
Custody evaluations include tests, interviews, and professional observations; which can vary from $1,500 to $6,000.

Modification Fee for Child Custody

The cost of modification in child custody depends on numerous factors. However, if both parents mutually agree for the modification, it may cost a little. In many cases filing fee for a motion to modify an existing child custody order may be free but if the motion is contested it may increase the expense.

Who Pays the Attorney Fees in a Child Custody Case?

In the matter of child custody, both the parties are liable to pay their own fee. But if the court finds disparity in the financial status of either or both the parties the judge may determine to pay a reasonable attorney fee.

Establishment of guardianship and custody of children in Kyiv and Ukraine

Unlike adoption, guardianship does not entail all the rights and obligations that bind parents to children. The guardian / custodian assumes the obligation to support the child and represent his interests, but within a limited framework and only until the child reaches the age of majority.

The guardian / trustee is accountable for the expenditure of funds allocated for the maintenance of the child by the state to the guardianship authority. In the future, in case of incapacity for work, the guardian/custodian cannot claim support from his/her former ward (cannot file a claim for alimony).

Establishing guardianship and custody of children is a legal procedure, in the passage of which the family lawyer of ALTEXA JSC in the city of Kyiv is ready to assist. Legally competent execution of documents, consulting, representation of interests in the relevant state. organs make it possible to achieve the desired result without undue expenditure of time and effort.

At the same time, you should know: guardianship is established over children under the age of 14, guardianship - over children aged 14-18.

What steps does the assistance of a guardianship and guardianship lawyer in Ukraine include?

The lawyer invariably provides explanations to the client regarding the current legal norms that govern guardianship / guardianship. First of all, we are talking about the provisions of Chapter 19 of the Family Code of Ukraine (FKU), some articles of the Civil Code of Ukraine (GKU), the relevant resolution of the Cabinet of Ministers.

According to Article 243 of the Ukrainian Criminal Code, guardianship and guardianship of children in Ukraine is established if these children:

Are orphans
Deprived of custody of their own parents

Features of the appointment of a guardian / custodian are enshrined in Article 63 of the Civil Code:

An individual must have full civil capacity.
The person concerned must submit a written application to the guardianship authority.
Relatives of the child have the preferential right to custody/guardianship.
The wishes of the ward are taken into account.
Appointment of one or more guardians/custodians is allowed.

Legal advice on guardianship and guardianship in Ukraine provides for a discussion of all the actions that should be taken to achieve a result. After agreeing on the nuances of the case with the client, the lawyer immediately proceeds to the implementation of the planned actions.

How is the establishment of guardianship and guardianship directly carried out?

The procedure includes the following steps:

Stage 1.

Collection of documents. Submitting them together with an application to the Children's Affairs Service at the place of residence of the guardian/custodian or at the place of residence of the ward (Article 62 of the Civil Code).

Stage 2.

Preparation by representatives of the Service for Children's Affairs of the conclusion on the basis of the submitted documents and the act of examining living conditions.

Stage 3.

Passing courses for candidates for guardians / trustees in the region. center of social services for families, children and youth. As a result, a certificate of completed training and recommendations are issued.

Stage 4.

Finding out the opinion of the child about living in the family of the guardian / trustee. Guardianship and guardianship of minors is established with their consent (if the age of the ward allows such consent to be obtained).

Stage 5.

Obtaining a decision of the guardianship and guardianship authority. The child gets the opportunity to live in the family of the guardian / trustee on legal grounds.

Why is legal assistance important when preparing documents for guardianship or guardianship?

Incorrect preparation of documents or submission of an incomplete package of documents are among the main problems in obtaining guardianship / guardianship. The assistance of a lawyer in preparing an application to the guardianship and guardianship authority allows you to avoid errors, both in the form of the document and in content.

Along with the application, you must submit:

Passport copy.
Copy of income tax return/salary certificate for the last six months.
Certificate of completion of training courses.
Confirmation of ownership / use of residential premises.
A copy of the marriage certificate (if available).
Statement of health/certificate from a narcologist/psychiatrist for persons living with a potential guardian/custodian.
Certificate of no criminal record.
Agreement from other family members living with a guardian.

From spouses (persons who are married) a general application is accepted to the guardianship and guardianship authority. Both spouses must sign it. When submitting an application for guardianship / guardianship along with a package of documents, you should take into account: the validity of the collected certificates is twelve months from the date of issue.

You do not have to delve into all the intricacies of legal procedures! The family lawyer AS ALTEXA is ready to help!

Divorce lawyer's advice

During the divorce process, property disputes arise, the issue of custody of children, the amount and procedure for paying alimony are resolved. For a mutually beneficial solution to problems, professional advice from a divorce lawyer is recommended. The specialist will help legally defend the rights of one of the parties, represent interests in state bodies, court or during negotiations.

I am Natalia Lobova, a competent divorce and marriage lawyer. To get out of the situation, I use all possible methods - the current norms of legislation, judicial practice and experience in negotiating.

Legal assistance in divorce

Why is it not recommended to solve the problem yourself? Qualified advice of a divorce lawyer is needed for:

an objective assessment of the current situation;
maintaining the rights of one or two parties to the process;
detailed examination of the case to identify possible "pitfalls";
advice during the divorce process.

Given recent developments in Family Law, even a small mistake can lead to an unfair court decision. My job is to avoid this.

When should I apply?

The official dissolution of marriage is carried out through the registry office or the court. The first option is possible in the absence of property claims, and if the children have reached the age of majority. In most cases, one of the parties is required to file a claim with the court. In this case, without consulting a divorce lawyer, it will be difficult to defend your interests.

Professional legal assistance is needed in such situations:

one of the parties does not want to legitimize the break in relations;
there were disputes over the division of property;
the issue of further custody of children is being resolved;
the amount of alimony and their payment is determined;
the necessary documents are collected, a statement of claim is drawn up;
one of the parties does not want to file a divorce - does not attend meetings, interferes with the process in every possible way;
It is necessary to promptly dissolve the marriage through the registry office.

There are a number of specific situations where you need the help of a lawyer in a divorce. Simple, at first glance, questions and unwillingness to understand the intricacies can turn into great difficulties in the future. I will help to identify possible problems in advance and develop the best ways to solve them.

My benefits

Professional divorce assistance will help you find a compromise solution to the current situation. Often, part of the claims is resolved out of court, which allows you to minimize costs and time. Drawing up an objective picture of what is happening from the point of view of the current legislation is my main task.

Benefits of working with me: