How Much Does a Custody Lawyer Cost in Alabama?

When the parents of a child go through the divorce or separation process in Alabama, the issue of child custody will ultimately have to be addressed. When addressing the issue of child custody, one of the first questions parents may ask is what the total custody attorney cost will end up being.

Unfortunately, the answer to that question is not straightforward. This is because the total cost of a custody lawyer will be dependent on a variety of different factors. First, all Alabama child custody cases are unique. This means that each and every custody case will have a different set of facts and issues particular to that specific custody case.

All of those factors may then impact the total cost of the case. As such, it is difficult to determine the exact costs of a child custody case upfront. This is especially true if the child custody case is contested. A contested child custody case refers to a custody dispute where the parents cannot agree on all the issues that need to be addressed in a custody agreement.

In disputed custody cases, numerous extra steps must occur before a final custody order. For instance, there will likely be multiple preliminary hearings to determine custody while the case is ongoing. There will also likely be hearings to obtain evidence to bolster one’s case against the other party in a fight for additional custody.

Due to the amount of work that is involved in a contested child custody case, contested child custody disputes are expensive. In fact, on average, you can expect to pay between $3,000 and $20,000 in contested cases. In cases where the issues are complex or the parties are contentious, then costs may even exceed $40,000.

Uncontested child custody cases, on the other hand, can range from $0 to $2,000. In other words, if both parents are able to agree to all of the issues involved in a custody case, that will save a lot of time and money. In other words, if both parties can agree to a child custody order outside of court, they may simply present their joint custody agreement to a family law court judge for approval.

However, even in uncontested child custody cases, there will still be costs associated with obtaining a final child custody order. Additionally, custody orders drafted without the assistance of a local attorney in Alabama may result in disputes or legal issues occurring later on down the road. Then, in time, those disputes may evolve into contested custody disputes.

What Can a Child Custody Lawyer Do?

The role of a child custody lawyer is to ensure their client’s legal and parental rights are protected. An experienced child custody attorney will also ensure that their client is well-informed of all of Alabama’s custody laws. In doing so, they will also help guide their client on their best course of legal action.

In uncontested cases, a custody lawyer will be able to review any agreement that parents reach outside the court and ensure that the agreement is acceptable and good for their client. In contested child custody cases, an attorney will be able to help their client negotiate for a custody arrangement that works best for them.

Examples of other tasks performed by an attorney in Alabama include:

• Providing their client with legal advice and crafting a legal strategy that is tailored to their specific custody case
• Preparing legal documents, such as custody petitions, discovery requests, discovery responses, and ensuring all paperwork submitted meets Alabama’s requirements
• Negotiating child custody schedules with the other party or their attorney
• Representing their client in court by presenting their case, including introducing evidence, examining witnesses, and arguing on their client’s behalf
• Ensuring their client’s case is built around the child’s best interest standard
  • The child’s best interest standard is the legal standard that is utilized by all Alabama family law courts when making any decision involving a child
• Conducting legal research in order to build a strong case for their client by analyzing laws, changes in the law, and cases similar to their client’s case
• Providing guidance and emotional support to their client throughout the case

What Factors Can Impact the Cost of a Child Custody Lawyer?

There are numerous factors that may impact the total cost of a child custody lawyer. The most important factor is often attorney’s fees. Factors that may impact the total amount of attorney’s fees include:

• The amount of time that the lawyer spends on the custody case
• The attorney’s experience, abilities, and established reputation in the industry
• The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Huntsville, Birmingham, and Montgomery
• The overall complexity and novelty of the custody case
• Other costs associated with handling a custody case on a day-to-day basis, such as an attorney’s overhead costs

How Much Does It Cost to File for Custody?

In addition to an attorney’s fees, other factors can contribute to how expensive a child custody case will be, including:

• The Type of Custody Dispute: As noted above, if the child custody case is uncontested, it is going to cost much less on average to complete than a contested custody case
• Specialists and Expert Witnesses: In some custody cases, the assistance of a specialist or an expert, such as a child psychologist or court-appointed guardian, may be needed
  • There are many cases that may also require a guardian ad litem to be appointed to represent the child
  • In Alabama, a guardian ad litem can be appointed in child custody cases, especially when there are concerns about the child’s welfare. Their role is to represent the best interests of the child, ensuring their emotional, mental, and physical well-being are protected. In doing so, they will assess the situation, interview the child and parents, and provide a report to the court to help in making custody decisions
  • That guardian ad litem may then have fees that range from $100 to $300 per hour
• Miscellaneous Fees: There are also costs related to moving through a custody case, including paying private process servers, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and paying other fees that are involved in handling a child custody case on a day-by-day basis

As far as the actual filing fees for a custody petition in Alabama, a new custody case will cost approximately $200 to $300, depending on the county. Baldwin County charges $330. It is important to note that this fee does not include other costs related to starting a new case, such as the cost of perfecting legal services for the other parent.

How Much Does a Custody Modification Cost?

The cost of obtaining a custody modification is similar to obtaining an original child custody order. This is because a modification is essentially an attempt to restart the original custody case from the beginning.

In order to modify a child custody order in Alabama, it is required to demonstrate that there has been a material change in circumstances since the last order was rendered. This change must significantly affect the child’s welfare. Additionally, the parent seeking the modification will need to show that modifying the custody arrangement is in the best interest of the child.

When it comes to the fees associated with starting a custody modification case in Alabama, if both parents agree to the modification, they can file a joint petition for custody modification. However, if either parent contests the modification, there is a filing fee of $200 to $300, depending on the county, for modifying the order without an attorney.

Who Pays the Attorney Fees in a Child Custody Case?

The general rule in child custody cases is that each party pays for their own attorney’s fees. However, in child custody cases in Alabama, the court has discretion to award attorney fees in certain circumstances. Typically, an Alabama court will only order the other party to pay for child custody fees if one parent is found to have willfully failed to exercise their physical custody rights. In such cases, the court may award attorney fees to the other parent.

Should I Hire a Child Custody Lawyer?

As can be seen, there are many issues in a custody case that could affect the total cost of the case. As such, if you are involved in a custody matter, it is recommended that you immediately consult with an experienced Alabama child custody lawyer.

LegalMatch can assist you in locating and setting up a consultation with an experienced custody attorney in your area. It is important to note that custody cases also involve the issue of child support, which can greatly impact your finances for up to or more than 18 years.

As such, a lawyer will almost always be worth their fees in the long term. They can help ensure that your parental rights are protected throughout the custody proceedings. Further, a lawyer can also provide you with your best course of legal action with regard to obtaining or modifying custody. Finally, an attorney will also be able to represent you in court, as needed.