How Much Does a Custody Lawyer Cost in California?

In short, there is no one answer regarding the cost of a custody attorney in California. This is because California child custody cases have many varying factors, some of which the child custody lawyer has no say about. As such, it is difficult to determine the exact costs of a child custody case, especially one that is contested upfront. Because of the amount of work involved in a child custody case, child custody disputes are expensive and can cost anywhere from $1,500 to more than $20,000.

However, it is possible to arrange child custody without going to court, which would save a lot of time and money. For instance, both parties could agree to a child custody order prior and then jointly present their custody agreement to a family law court for approval.

However, there will still be filing costs associated with child custody orders that have been jointly approved. Further, custody orders drafted without the assistance of a local attorney in California may result in disputes later on down the road. Then, those disputes may turn into costly court cases. As such, it is important to understand all options before proceeding in a child custody case.

What Can a Child Custody Lawyer Do?

A child custody lawyer in California is paramount in helping parents navigate the legal complexities of a child custody dispute. Additionally, a child custody lawyer can also be helpful in ensuring that any agreement reached by parents regarding child custody is legally sound in order to prevent future disputes between the two parties.

Examples of common tasks performed by a child custody lawyer include:

• A child custody lawyer in California can provide expert legal advice and strategy that is tailored to their client’s specific situation related to child custody;
• A child custody lawyer can help prepare necessary documents, such as custody petitions, responses, and declarations, and ensure all paperwork meets the legal requirements in California;
• Child custody lawyers can also assist in negotiating child custody arrangements with the other parent or their attorney.
  • Further, if the court requires mediation, or both parties determine to participate in mediation, then an attorney can help guide their client through the mediation process;
• Most importantly, if child custody negotiations fail, a child custody attorney can represent their client’s interest in court by presenting their case, introducing evidence, examining witnesses, and arguing on their client’s behalf;
• The primary focus of all child custody lawyers in California is the best interests of the child, and as such, an attorney can ensure their client’s case is built around the child’s best interest standard;
• Child custody attorneys will also be able to conduct legal research to build a strong case for their client by analyzing laws and precedents relevant to their client’s case in order to develop an effective case strategy; and/or
• Lawyers are often referred to as counselors, as lawyers can provide emotional support and guidance as they advocate on their client’s behalf throughout the case.

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

There are numerous factors that can impact the cost of a child custody lawyer. One of the largest portions of the costs associated with child custody disputes comes from an attorney’s fees. For instance, some attorneys may be more expensive than others based on a variety of different factors.

There are also other factors that contribute to how expensive the overall child custody case and lawyer will be, including:

• The amount of time the lawyer spends on your 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 expensive to operate in;
• The difficulty and potential novelty of your case; and
• Other costs involved, including an attorney’s overhead costs (rent, utilities, etc).

It is important to note that a court has the power to order one party to pay the other party’s attorney’s fees in cases such as one spouse being unable to afford adequate representation or there is a disparity in the financial status of the two parties.

How Much Does It Cost to File for Custody?

In addition to an attorney’s fees, there are also other factors that contribute to how expensive an overall child custody case will be, including:

• The Type of Custody Dispute: As mentioned above, uncontested child custody cases are going to cost less to resolve than contested cases.
  • If child custody is contested, the dispute will proceed with depositions, filing temporary motions, excessive court time, and often the hiring of expert witnesses, such as child psychologists and other experts;
• Specialists and Expert Witnesses: As mentioned above, some cases require the assistance of a specialist or an expert, such as a child psychologist, which can increase the cost of the case.
  • Experts are often hired to conduct child custody evaluations involving tests, interviews, and professional observations, with costs ranging from $1,500 to more than $5,000; and/or
• Miscellaneous Fees: There are also miscellaneous fees that add up quickly in child custody cases, such as paying process servers, paying court filing costs, paying for a mediator, paying for certified copies, and other fees that are involved in handling a child custody case on a day by day basis.

How Much Does a Custody Modification Cost?

Similar to obtaining the original child custody order, a child custody modification will also involve all of the costs mentioned above. Additionally, an individual who is seeking child modification in California will have to demonstrate that there has been a significant and material change in circumstances since the last order was granted.

This means that the individual or their attorney will be required to gather the evidence necessary to prove their case and modify the previous child custody order. Then, the process will begin similarly to obtaining the original custody order, where the party seeking the change will have to file a modification suit, serve the opposing party, and then argue their case in court.

Who Pays the Attorney Fees in a Child Custody Case?

As mentioned above, the general rule is that each party pays for their own attorney’s fees. However, in child custody cases in California, the judge has the authority to order one party to pay for some or all of the attorney fees of the other party in certain circumstances.

Specifically, California Family Code section 3121 provides that when it comes to attorney fees in custody cases, the court’s goal is to ensure that each is in order to protect their parental rights. As such, if there is a significant disparity in the financial earnings and assets between the parties, the court may award attorney fees to the party that is less well off.

Should I Hire a Child Custody Lawyer?

As can be seen, there are numerous benefits to hiring an experienced California child custody lawyer. Although the costs of an attorney may add up, the assistance and representation you will receive could be worth the fees, especially in cases that are contested.

It is important to ask any attorney what their fee structure is, including what their fees cover. In some cases, an attorney may even offer to take the case based on a single flat fee payment. In any case, an attorney will be able to ensure that your parental rights are protected and be able to assist you in obtaining custody. Finally, an attorney will also be able to represent your interests in court, as needed.