When two people who share a child choose to get a divorce or separate in Kansas, the issue of child custody will ultimately have to be addressed. When addressing custody issues, one of the first questions people ask is what the total custody attorney cost will end up being.
Unfortunately, there is no straightforward answer to that question. This is because the total cost of a custody lawyer will be dependent on the specific facts of each case. In other words, all Kansas child custody cases are unique. As such, each and every custody case will have a different set of facts and issues particular to that specific case.
Then, each of those unique facts and issues may impact the total cost of the case. Accordingly, it is highly difficult to put an exact number on the total cost of a child custody case in most instances. This is especially true in contested custody matters.
In a custody dispute where the parents cannot agree on all the issues that need to be addressed in a custody agreement, there will ultimately need to be more work that needs to be done.
For example, there will likely be multiple preliminary hearings to determine custody during the pendency of the case. There will also likely be hearings held in order to obtain evidence from the other party involved in order to support one’s arguments for increased custody.
Due to the amount of work that is often involved in contested cases, contested disputes are expensive. In fact, on average, you can expect to pay between $3,000 and $40,000 in contested cases. In cases where the issues are complex or the parties are contentious, then costs may even exceed $40,000.
Uncontested child custody cases, on the other hand, can range from $0 to $2,500. In other words, if all parties are able to agree to all of the issues involved in a custody case, that will save a lot of time and money. In uncontested matters, if both parties can agree to a child custody order outside of court, they may then simply present their joint custody agreement to a family law court judge for approval.
However, even in uncontested child custody cases, there will still ultimately be costs associated with obtaining a final child custody order. For example, there may still be filing and recording fees. Additionally, custody orders drafted without the assistance of a local attorney in Kansas may result in disputes or legal issues occurring later on down the road. Those disputes may then later evolve into contested custody disputes.
What Can a Child Custody Lawyer Do?
Although the exact role of a child custody lawyer will depend on the unique factors of each case, the overarching goal of a child custody lawyer is always to ensure their client’s legal and parental rights are protected.
An experienced lawyer will be able to ensure that their client is well-informed of all of Kansas’ custody laws. Further, they will also help guide their client on their best course of legal action. In an uncontested case, a custody lawyer will be able to review any agreement that parents reach outside the court and ensure that the agreement is well written and good for their client.
In contested child custody cases, an attorney will be able to help their client negotiate or help them fight for a custody arrangement that works best for them. Examples of other tasks performed by a lawyer in Kansas include:
- Providing legal advice and crafting a legal strategy that is tailored to their client’s specific custody case
- Preparing legal documents, such as custody petitions, discovery requests, discovery responses, and ensuring all paperwork submitted meets Kansas’ requirements
- Negotiating and proposing child custody schedules with the other party or their attorney
- Presenting their client’s case in court, 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 that is utilized by all Kansas family law courts when making any decision that involves a child
- Conducting legal research to build a strong case for their client by analyzing laws, changes in the law, and precedent cases similar to their client’s case
- Providing legal guidance and emotional support to their client throughout the case
What Factors Can Impact the Cost of a Child Custody Lawyer?
There are numerous factors that contribute to the total cost of a child custody lawyer. Factors that may impact the total amount of attorney’s fees in a child custody case include:
- The amount of time that the lawyer spends on the custody case
- It’s important to understand an attorney’s hourly fees, as well as their supportive staff’s fees, prior to entering into an hourly fee agreement
- The attorney’s experience, abilities, and established reputation in the industry
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Wichita, Overland Park, and Kansas City
- The overall complexity and novelty of the custody case
- Other costs associated with handling a custody case on a day-to-day basis, such as mailing costs, filing fees, and printing costs
How Much Does It Cost to File for Custody?
In addition to an attorney’s fees, other factors that can contribute to the total cost of a child custody case include:
- The Type of Custody Dispute: As mentioned above, if a child custody case is uncontested, it will likely cost much less on average to complete than a contested custody case
- Specialists and Expert Witnesses: In some custody matters, the assistance of a specialist or an expert, such as a child psychologist or court-appointed guardian, may be needed
- In fact, there are many contested cases that require a guardian ad litem to be appointed to represent the child
- Additionally, in cases where a child has been removed from the custody of his or her parents due to abuse or neglect concerns, Kansas law requires the appointment of a guardian ad litem
- Miscellaneous Fees: There are also daily costs related to proceeding in a custody case, including paying private process servers, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and paying other fees that are involved in handling a child custody case on a day-by-day basis
As far as the actual filing fees for a custody petition in Kansas, a new custody case will cost approximately $150 to $300, depending on the county. Johnson County charges $196.50 and also requires both parents to attend a 2-hour court-ordered class, “PARENT FOREVER,” at a cost of $75. It is important to note that this fee does 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 cost of obtaining a custody modification is similar to obtaining an original child custody order. This is because a modification is essentially an attempt by one party to restart the original custody case from the beginning.
In order to modify a child custody order in Kansas, it is required to demonstrate that there has been a substantial change in circumstances since the last order was rendered. This change must substantially affect the child’s welfare. Additionally, the parent seeking the modification will need to show that modifying the custody arrangement is in the best interest of the child.
When it comes to the fees associated with starting a custody modification case in Kansas, if both parents agree to the modification, they can file a joint petition for custody modification. However, if either parent contests the modification, there is a filing fee of $150 to $300, depending on the county, for modifying the order without an attorney.
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 Kansas, the court has discretion to award attorney fees in certain circumstances.
Typically, a Kansas court will only order the other party to pay for child custody fees if one party’s actions have resulted in unnecessary legal expenses or if there is a significant disparity in financial resources between the parties. In such cases, the court may award attorney fees to one party.
Should I Hire a Child Custody Lawyer?
If you are involved in a case that involves child custody, then it is recommended that you immediately consult with an experienced Kansas child custody lawyer. There are numerous issues that may arise in a child custody case that require a thorough understanding of local and state child custody laws and procedures.
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, a lawyer will almost always be worth their fees in the long term. They can help ensure that your parental rights are protected throughout the custody proceedings. Further, a lawyer can also provide you with your best course of legal action with regard to obtaining or modifying custody. Finally, an attorney will also be able to represent you in court, as needed.
