There is no one exact answer to the question of the cost of a custody attorney in Illinois. There are numerous factors in Illinois child custody cases that can affect the cost of the case, especially if the case is contested.
Due to the amount of work that may be involved in child custody cases, custody attorney costs can be higher than other types of cases. On average, a child custody dispute may range from $1,500 to $20,000 or more.
It is important to be aware, however, that child custody cases can be resolved without going to court. This can save all of the parties involved both time and money.
For example, the parents can reach an agreement on their child custody arrangement. Their lawyer will then put that agreement in writing and present it to a family law judge for approval.
In addition to the cost of a lawyer, there will also be filing fees related to child custody cases. It is important to be aware that if parents try to draft their own custody agreement without the assistance of a local attorney in Illinois, they may have issues in the future.
If that occurs, the dispute can result in a costly court case. Because of this, it is essential to consult with an attorney and understand all of the available options in a child custody case.
What Can a Child Custody Lawyer Do?
An Illinois child custody attorney can help parents navigate the complex legal system and issues involved in their child custody dispute. In addition, their lawyer can help them reach an agreement on child custody.
If the parties have their lawyer draft their agreement, it will be legally sound and enforceable. This will help avoid future costly disputes.
Common examples of what a child custody lawyer can do include, but are not limited to:
- Providing expert legal advice
- Creating a legal strategy tailored to their client’s specific child custody situation
- Preparing any necessary documents, such as:
- Custody petitions
- Responses
- Declarations
- Ensuring all of the paperwork meets Illinois legal requirements
- Assisting with negotiating a child custody arrangement with the other parent or their legal counsel
- Guiding their client during the mediation process
- Representing their client in court if negotiations are not successful, including:
- Representing their client’s interests in court
- Presenting their case
- Introducing evidence
- Examining witnesses
- Arguing on their client’s behalf
The focus of any child custody case will be what is in the best interests of the child. Having a lawyer is important because they can ensure their client’s case focuses on the child’s best interest standard.
An attorney will also conduct legal research and build the strongest case possible for their client by reviewing current laws and legal precedents that will apply in their client’s case in order to develop an effective case strategy. One equally important, and often overlooked, function of a lawyer is as a counselor.
Lawyers are also referred to as counselors. In this role, they can provide their clients with guidance and emotional support while advocating for them throughout their legal cases.
What Factors Can Impact the Cost of a Child Custody Lawyer?
There are many different factors that may impact the cost of a child custody attorney. The main costs associated with these types of cases are the attorney’s fees.
Certain attorneys may charge more than others based on different factors. Factors that may contribute to the overall cost of the case include:
- The amount of time the lawyer spends on the child custody case
- The attorney’s experience, abilities, and established reputation
- The geographical location of the case,
- Some attorneys practice in areas that are expensive to operate in
- The difficulty and potential novelty of the case
- Other costs that are involved, such as attorney’s overhead costs, which may include:
- rent
- utilities
- staff members
It is important for clients to be aware that courts do have the power to order one of the parents to pay the other parent’s attorney’s fees. This may occur when one spouse cannot afford representation or there is a large difference in the financial statuses of the two parties.
How Much Does It Cost to File for Custody?
How much it costs to file for custody will depend on several factors, in addition to the attorney’s fees discussed above. Factors that can influence the overall cost of a child custody case include, but are not limited to:
- The type of custody dispute: An uncontested child custody case will cost less to resolve than a contested case.
- If child custody is contested, the dispute will likely require:
- depositions
- filing temporary motions
- court time
- hiring expert witnesses, such as child psychologists and other experts
- Specialists and expert witnesses: Some child custody cases will require the assistance of a specialist or an expert, such as a child psychologist, which will increase the cost of the case.
- Expert witnesses are often hired to conduct child custody evaluations involving tests, interviews, and professional observations.
- The costs of these services can range from $1,500 to more than $5,000
- Miscellaneous fees: There are miscellaneous fees that may also apply in child custody cases, such as:
- paying process servers
- paying court filing costs
- paying for a mediator
- paying for certified copies
- other fees that are involved in handling a child custody case on a day-to-day basis
How Much Does a Custody Modification Cost?
A child custody modification can involve all of the issues and costs discussed above for obtaining the original child custody order. If an individual is seeking a modification, it may require them to show that there has been a significant material change in their circumstances since the time the original order was issued.
This means that the individual and their lawyer will have to gather the necessary evidence to show that there has been a material change in circumstances. There will likely be a hearing in family court to present evidence and discuss the issue.
The process will be similar to obtaining the original child custody order, with the party filing a request, serving the other parent, and presenting their case to the judge. It is likely, however, that it will not be quite as time-consuming as obtaining the original order and, therefore, may cost less.
Who Pays the Attorney Fees in a Child Custody Case?
The general rule in the United States is that every party pays their own attorney’s fees. In Illinois, however, a court may order one of the parties to pay a portion or all of the other party’s attorney’s fees in certain situations.
For example, if there is a large difference between the earning power of the parties, the higher-earning spouse may be required to pay the other party’s attorney’s fees. If one of the parties is purposely trying to drag out the case, the court may consider the financial impact on the other party.
The court may also examine the reasonableness of the fees. For example, if the court determines that one party hired the most expensive attorney, they could just increase the other party’s costs, or if the party unreasonably tried to increase their attorney’s fees, the court may not order payment of all those fees.
Should I Hire a Child Custody Lawyer?
If you are involved in a child custody case or dispute of any kind in Illinois, it is essential to consult with an Illinois child custody lawyer. Your lawyer will be familiar with the child’s best interests standard and build your case around what is best for your child.
Your lawyer will represent you and guide you during any negotiations, mediation, and court appearances. They will ensure that your rights as a parent are protected and give you the best chance at the custody outcome you desire.
