When it comes to child custody, one of the main questions asked by individuals going through a divorce or separation that involves children is the total custody attorney cost. First, it is important to note that there is not one single answer. This is because the total cost for a child custody lawyer will be dependent on a variety of different factors.
This is because all Indiana child custody cases are unique. This means that each and every child custody case will have a different set of facts and issues that may impact the total cost of the case.
Because of the uniqueness of each custody case, 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 by any party involved.
A contested child custody case is a case where the parties seeking custody cannot agree on all the issues that need to be addressed in a custody arrangement. In other words, the parties cannot agree on who the child shall live with, education decisions, etc.
If parties are unable to agree on the issues involved in the custody case, then extra steps will occur prior to a final custody order. For example, there will likely be a preliminary hearing to determine custody during the pendency of the custody case. There will also likely be hearings regarding each side requesting discovery to bolster their case against the other party.
Due to the amount of work that is often involved in a contested child custody case, contested child custody disputes are expensive. In fact, most child contested custody cases can cost anywhere from $2,000 to more than $20,000. In contested custody matters, child custody evaluations will often be ordered, and those alone may cost up to $10,000.
However, if both parents agree to all of the issues involved in a custody case, that will save a lot of time and money. For example, if both parties can agree to a child custody order outside of court, they may then jointly present their custody agreement to a family law court judge for approval. These cases are known as uncontested custody cases.
However, even in uncontested child custody cases, there are still costs associated with obtaining a final child custody order. Further, any custody order drafted without the assistance of a local attorney in Indiana runs the risk of disputes or issues developing later on down the road. Those disputes may then evolve into costly legal battles.
What Can a Child Custody Lawyer Do?
The most important role of a child custody lawyer is to ensure their client’s legal and parental rights are protected. An experienced child custody lawyer will be able to ensure that their client is well informed of all Indiana custody laws. Additionally, an attorney will also be able to help their client determine the best course of legal action for obtaining a custody order.
For uncontested matters, an attorney will also be able to review any agreement that parents reach outside the court, and ensure that the agreement is acceptable and good for their client. For contested matters, an attorney will be able to help negotiate a custody arrangement that works best for their client and the child.
Examples of other common tasks that are performed by a child custody lawyer in Indiana include:
- Providing legal advice and crafting a legal strategy that is tailored to their client’s specific custody situation and needs
- Preparing legal documents, such as custody petitions, discovery requests, discovery responses, temporary orders, and final orders, and ensuring all paperwork meets Indiana’s requirements
- Negotiating child custody arrangements with the other party or their attorney
- Representing their client’s interest 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 utilized by all Indiana family law courts when making any decision that involves children
- Conducting legal research in order to build a strong case for their client by analyzing laws and cases similar to their client’s case
- Otherwise providing guidance and emotional support to their clients throughout their custody case
What Factors Can Impact the Cost of a Child Custody Lawyer?
There are numerous factors that can impact the total cost of a child custody lawyer. One of the most impactful factors when it comes to the total cost of a custody case is attorney’s fees. Factors that may impact the cost of a child custody lawyer include:
- The amount of time the lawyer spends on the custody case
- The attorney’s experience, abilities, and established reputation, as these could lead to a higher billable rate
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Indianapolis and Fort Wayne
- The overall complexity and potential novelty of the custody matter
- Other costs associated with handling a custody case, such as an attorney’s overhead costs ( i.e., rent, utilities, etc.)
How Much Does It Cost to File for Custody?
In addition to attorney 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: As mentioned above, uncontested child custody cases are going to almost always cost less to complete than contested custody cases
- Specialists and Expert Witnesses: In some custody disputes, the assistance of a specialist or an expert, such as a child psychologist, is required or ordered by the court
- Miscellaneous Fees: Miscellaneous fees include costs related to 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-to-day basis
As far as the actual filing fees for a custody petition in Indiana, a new custody case will cost between $130 to $200, with extra fees for accompanying motions, notary services, or copies. It is important to note that these costs do 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 costs related to obtaining a child custody modification will be similar to obtaining an original child custody order. This is because a custody modification is essentially an attempt to restart the original custody case from the beginning. As such, modifications also involve the costs mentioned above.
In Indiana, to modify a custody order, you must demonstrate that the modification is in the best interests of the child and that there has been a substantial change in circumstances since the last order. Here are some common grounds for modification:
- Significant Changes in the Child’s Needs: This could include changes in health, education, or emotional well-being.
- Changes in the Custodial Parent’s Situation: This might involve issues like remarriage, relocation, or changes in living conditions that affect the child’s environment.
- Parental Misconduct: Evidence of abuse, neglect, substance abuse, or other harmful behaviors by the custodial parent.
- Child’s Preference: Depending on the child’s age and maturity, their preference may be considered.
- Improvement in Non-Custodial Parent’s Situation: If the non-custodial parent has made significant positive changes, such as achieving long-term sobriety or stable employment.
In order to modify a child custody order in Indiana, it is required to demonstrate that the modification is in the best interest of the child and that there has been a substantial change in circumstances since the last order was entered.
Examples of what may qualify as a substantial change in circumstances for a court to consider modifying a previous custody order include:
- Changes in the custodial parent’s situation, such as relocation, a change in employment, or a parent’s inability to care for the child due to their health or availability
- Evidence of parental misconduct, including evidence that the child’s present environment seriously endangers their physical, mental, moral, or emotional health
- This must be supported by sworn affidavits submitted to the court
- A change in the health, educational, or emotional well-being needs of the child
- An improvement in the non-custodial parent’s situation, where evidence is submitted that they have made positive changes that should allow them to have increased access to the child
- The preference of the child themselves, if the child is old enough and mature enough where the court would consider their preference
When it comes to the filing fees associated with starting a custody modification case in Indiana, the filing fee is typically between $130 and $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 Indiana, the court has the discretion to order either party to pay attorney fees in certain circumstances.
Typically, an Indiana 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 custody proceedings. For instance, if one party has unnecessarily prolonged the proceedings, the court may order that party to pay for fees.
Should I Hire a Child Custody Lawyer?
As can be seen, there are many issues that may arise in a custody case, which may affect the total cost of the custody case. As such, if you are involved in a child custody dispute, or are separating from your child’s parent, it is recommended that you immediately consult with an experienced Indiana 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, an attorney will almost always be worth their fees in the long term. An experienced child custody lawyer will be able to ensure that your parental rights are protected throughout any custody proceedings. Finally, an attorney will also be able to represent you in court, as needed.
