When it comes to calculating the total custody attorney cost in Arizona, there is not one single answer. This is because the total cost for an attorney will be dependent on a variety of different factors. It is important to note that Arizona child custody cases are all unique. This means that each and every custody case will have a different set of facts that may impact the total cost of the case.
As can be seen, it is difficult to determine the exact costs of a child custody case. This is especially true if the child custody case is contested. A contested child custody case is a case where the parties that are seeking custody cannot agree on a custody arrangement.
Because the parties are unable to agree on the issues involved in the custody case, numerous extra steps will need to occur prior to a final custody order. For example, there will likely be multiple preliminary hearings regarding custody, prior to the final hearing that will serve to resolve all custody issues.
Due to the amount of work that is often involved in a contested child custody case, child custody disputes are expensive. In fact, most child custody cases can cost anywhere from $500 for uncontested matters to more than $20,000 for contested matters.
Importantly, if both parents are able to agree to all of the issues involved in the custody case, this will save a lot of time and money. For example, both parties may agree to a child custody order outside of court and then jointly present their 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 Arizona may result in disputes or issues occurring later on down the road. In turn, those disputes may turn into costly court cases.
What Can a Child Custody Lawyer Do?
The most important task that a child custody lawyer will perform is helping their client protect their legal and parental rights. An experienced child custody lawyer will do this by ensuring that their client is well informed of all of the laws regarding custody in Arizona. Additionally, they will be able to help them determine their best course of legal action.
When it comes to obtaining a final custody agreement, an attorney will also be able to review any agreement that parents outside the court reach. An attorney will also be able to help negotiate for a custody arrangement that works best for their client and all parties involved.
Examples of other common tasks that are performed by a child custody lawyer include:
- Providing legal advice and devising a strategy that is tailored to their client’s specific custody situation and needs
- Preparing legal documents, such as custody petitions, discovery responses, and ensuring all paperwork meets Arizona’s legal requirements
- Negotiating child custody arrangements with the other party or their attorney
- Representing their client’s interest in court by presenting their case, which may include 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 always utilized by the Arizona family law court when making decisions involving children
- Conducting legal research to build a strong case for their client by analyzing laws and cases similar to their client’s case in order to develop an effective case strategy
- Providing emotional support and guidance to their clients throughout the custody proceedings
What Factors Can Impact the Cost of a Child Custody Lawyer?
Once again, there are numerous factors that can impact the cost of a child custody lawyer. One of the most impactful factors is attorney fees. One attorney may cost more than others based on a variety of different factors, including:
- The amount of time the lawyer spends on the custody case
- The attorney’s experience, abilities, and established reputation
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Phoenix, Tucson, or Mesa
- The difficulty and potential novelty of the custody case
- Other costs associated with handling a custody case, such as an attorney’s overhead costs, such as rent, utilities, etc.
How Much Does It Cost to File for Custody?
In addition to an attorney’s overall fees, there are also other factors that may contribute to how expensive an overall child custody case will be, including:
- The Type of Custody Dispute: Uncontested child custody cases are going to almost always cost less to complete than contested cases
- Specialists and Expert Witnesses: Some custody matters may require the assistance of a specialist or an expert, such as a child psychologist. This will increase the total cost of the case
- Miscellaneous Fees: Miscellaneous fees, such as paying private process servers, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and other fees that are involved in handling a child custody case on a day-by-day basis will also impact the total cost
As far as the actual filing fees for a custody petition in Arizona, a new custody case will cost between $100 to $200 in filing fees. This does not include other costs related to starting a new case, such as the cost of perfecting legal service on the other parent.
How Much Does a Custody Modification Cost?
Similar to obtaining an original child custody order, a child custody modification will also involve all of the costs mentioned above. 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 Arizona, it is required to demonstrate that the modification is in the best interest of the child. Further, in general, a person cannot request modification of a custody arrangement earlier than one year after its date.
Examples of what may qualify as a reason for a court to consider a change in a previous custody order include:
- A material change in circumstances, such as the relocation of one parent, a change in employment, or a parent’s inability to care for the child due to their health or availability
- If there is reason to believe the child’s present environment seriously endangers their physical, mental, moral, or emotional health
- Importantly, this will be based on affidavits submitted to the court
- After 6 months, if there is evidence of non-cooperation with the existing visitation schedule by one parent, such as failing to exercise their rights under the current custody arrangement
When it comes to the filing fees associated with starting a custody modification case in Arizona, the filing fee is typically $100 to $200 to begin the case. Once again, service of the modification will also then have to be perfected on the other party at an additional cost.
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 Arizona, the court has the authority to award attorney fees in certain circumstances.
Typically, an Arizona court will only order the other party to pay for child custody fees if there is a significant disparity in income between the parties or if one party has acted in bad faith during the proceedings.
Should I Hire a Child Custody Lawyer?
As can be seen there are many issues that may arise in a custody case that could affect the total cost of custody in both the short and long run. As such, if you are involved in a custody matter, it is recommended that you immediately consult with an experienced Arizona child custody lawyer.
LegalMatch can assist you in locating and setting up an initial 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 impact one’s financials for up to or more than 18 years.
As such, an attorney will almost always be worth their cost in the long term. Further, an attorney will also be able to ensure that your parental rights are protected throughout the custody proceedings. Finally, an attorney will also be able to represent your interests in court, as needed.
