When it comes to child custody, one of the main questions asked is how much the total custody attorney cost in Massachusetts is. To be clear, there is not one single answer. This is because the total cost for an attorney will be dependent on a variety of different factors.
It is important to first note that all Massachusetts child custody cases are all unique. This means that each and every 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 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. 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.
If parties are unable to agree on the issues involved in the custody case, numerous extra steps will need to occur prior to a final custody order. For instance, there will likely be multiple preliminary hearings to determine custody during the pendency of the case, as well as hearings to obtain evidence to bolster one’s 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. Uncontested cases on the other hand can range from $0 to $1,000.
It is important to note that if both parents are able to agree to all of the issues involved in a custody case, that will save a lot of time and money. For instance, 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.
However, even in uncontested child custody cases, there are still costs associated with obtaining a final child custody order. Further, custody orders drafted without the assistance of a local attorney in Massachusetts may result in disputes or issues occurring later on down the road. Those disputes may then evolve into contested custody disputes.
What Can a Child Custody Lawyer Do?
The most important role of a child custody lawyer is to help their client protect their legal and parental rights. An experienced child custody lawyer will ensure that their client is well informed of all of Massachusetts custody laws. Additionally, an attorney will be able to help their client determine their best course of legal action.
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. An attorney will also be able to help negotiate for a custody arrangement that works best for their client and all other parties involved.
Examples of other common tasks that are performed by a child custody lawyer in Massachusetts include:
- Providing legal advice and creating a legal strategy that is tailored to their client’s specific custody situation and needs
- Preparing legal documents, such as custody petitions, discovery requests, and responses, and ensuring all paperwork meets Massachusetts’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 the Massachusetts family law court when making decisions involving 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
- Providing guidance and emotional support to their clients throughout the custody case
What Factors Can Impact the Cost of a Child Custody Lawyer?
Once again, there are numerous factors that can impact the total cost of a child custody lawyer. One of the most impactful factors is an attorney’s fees. Other factors that 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
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Boston and Cambridge
- The overall complexity and potential novelty of the custody case
- 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: Uncontested child custody cases are going to cost less to complete than contested cases
- Specialists and Expert Witnesses: In some custody cases, the assistance of a specialist or an expert, such as a child psychologist, is needed
- Miscellaneous Fees: Miscellaneous fees include costs of 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-by-day basis
As far as the actual filing fees for a custody petition in Massachusetts, a new custody case will cost between $115 for custody cases or $215 if the custody is being done as part of a divorce case. Importantly, these costs do not include other costs related to starting a new case, such as the cost of perfecting legal service on the other parent.
How Much Does a Custody Modification Cost?
Similar to obtaining an original child custody order, a child custody modification will also involve many costs. A modification is essentially an attempt to restart the original custody case from the beginning, which is why it also involves the costs mentioned above.
In order to modify a child custody order in Massachusetts, it is required to demonstrate that the modification is in the best interest of the child. Further, in general, a person cannot request modification unless they can show a significant change in circumstances since the original order was made.
Examples of what may qualify as a significant change in circumstances for a court to consider modifying a previous custody order include:
- The relocation of one parent, a change in employment, or a parent’s inability to care for the child due to their health or availability
- 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 needs of the child
When it comes to the filing fees associated with starting a custody modification case in Massachusetts, the filing fee is typically $50 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 Massachusetts, the court has discretion to award attorney fees in certain circumstances.
Typically, a Massachusetts 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.
Should I Hire a Child Custody Lawyer?
As can be seen, there are many issues that may arise in a custody case which could affect the total cost of the custody case. If you are involved in a custody matter, it is recommended that you immediately consult with an experienced Massachusetts child custody lawyer.
LegalMatch can assist you in locating and setting up a consultation with an experienced custody attorney in your area. Importantly, custody cases also involve the issue of child support, which can greatly impact one’s financials for up to or more than 18 years.
As such, an attorney will almost always be worth their fees in the long term. A child custody lawyer can help ensure that less legal issues and complications arise in the future. Furthermore, they will also be able to ensure that your parental rights are protected throughout the custody proceedings. Finally, an attorney will also be able to represent you in court, as needed.
