In short, it depends. It is important to note that there is no one answer regarding the total custody attorney cost in Florida. This is because Florida child custody cases are all unique, and there will be numerous factors that will impact the total cost of the case.
As such, it is difficult to determine the exact costs of a child custody case, especially one that is contested. A contested child custody case refers to a case where the parties seeking custody cannot agree on a custody arrangement. Because of the lack of agreement, there are numerous extra steps that will occur prior to a final custody order.
Because of the amount of work that is often involved in a child custody case, child custody disputes are commonly expensive and can cost anywhere from $1,000 to more than $20,000. However, it is important to note that it is possible to arrange child custody without going to court, which saves a lot of time and money.
For example, both parties could agree to a child custody order outside of court and then jointly present their custody agreement to a family law court for approval. These cases are known as uncontested child custody cases.
Even in uncontested child custody cases, filing costs will still be associated with child custody orders that have been jointly approved. Further, custody orders drafted without the assistance of a local attorney in Florida may result in disputes or issues occurring later on down the road. Those disputes, in turn, may turn into costly court cases. As such, it is important to understand all your legal options before proceeding in a child custody case.
What Can a Child Custody Lawyer Do?
A child custody lawyer in Florida is recommended in order to help parents navigate the legal complexities of a child custody dispute. Additionally, a child custody lawyer can also be helpful in ensuring that any agreement that is reached by parents regarding child custody is legally sound. Having an experienced child custody lawyer prepare the final custody agreement will prevent future disputes between the two parties.
Examples of common tasks that are performed by a child custody lawyer include:
- Providing expert legal advice and strategy that is tailored to their client’s specific custody situation
- Helping to prepare necessary documents, such as custody petitions, discovery responses, and ensuring all paperwork meets the legal requirements in Florida
- Assisting their client by negotiating child custody arrangements with the other party seeking custody or their attorney
- If the court requires mandatory mediation, or if both parties determine to participate in mediation, then an attorney can help guide their client through the mediation process
- 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
- Ensuring their client’s case is built around the child’s best interest standard, as that is the standard that will be utilized by the Florida family law court
- Conducting 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
- Otherwise, providing 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?
Once again, 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 their attorney’s total fees.
For example, some attorneys may be more expensive than others based on a variety of different factors, including:
- The amount of time the lawyer spends on the 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 the custody case
- Other costs involved, including an attorney’s overhead costs, such as 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 an original child custody order, a child custody modification will also involve all of the costs mentioned above. This is because a modification is an attempt to restart the original custody case.
Additionally, an individual who is seeking child modification in Florida will have to demonstrate that there has been a significant and material change in circumstances since the last custody 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 Florida, 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, Under section 61.16 of the Florida Statutes or section 742.045 of the Florida Statutes, the courts may award attorney’s fees and court costs in family law cases, including custody matters. Typically this is only done if the two parties in a child custody case are in unequal financial positions.
Should I Hire a Child Custody Lawyer?
As can be seen, there are numerous benefits to hiring an experienced Florida child custody lawyer. LegalMatch can assist you in locating and setting up an initial consultation with an attorney in your area. Although the costs of an attorney may add up, the assistance and representation you will receive are generally worth the fees, especially in cases that are contested.
However, it is always 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. Generally, this is for uncontested custody matters.
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.
