There is no one answer to a question about the cost of a child custody lawyer in Minnesota. That is because there are a number of different factors that affect the cost of a lawyer. In addition, there is the hourly or flat fee that a lawyer may charge, and then there is the total cost of representation by a lawyer from the beginning of a case to its conclusion.
Under Minnesota law, there are two kinds of custody: physical and legal. Legal custody is the right to make important decisions about how a child is brought up, including decisions about education, health care, and religion. Physical custody is the right to make decisions about where the child lives. Parents may share both kinds of custody or one of the parents may have sole custody, physical and/or legal.
Parents who do not live together must decide which parent is going to be the custodial parent, i.e., the parent with whom the child lives, who gets to make the main decisions about the child’s upbringing, and what amount of visitation the non-custodial parent gets. The standard that courts apply in child custody cases is still in the best interests of the child standard.
Generally, a person may expect to pay an average of $310 per hour for an attorney who handles Minnesota child custody cases. The hourly rate of an attorney depends on a number of different factors. Usually, attorneys in large cities, such as Minneapolis and St. Paul or more affluent areas, charge a higher hourly rate than attorneys in smaller towns or rural areas. Some lawyers in Minnesota might charge as much as $500 per hour.
Also, an attorney’s reputation in a particular market and their experience in a certain field of law, e.g., child custody disputes, affects the hourly rate they may charge. An attorney with an exceptional reputation and a lot of experience in a particular type of case would be able to command a higher hourly rate than one who does not have these advantages.
A lawyer with a lot of experience, especially in child custody disputes, and a superlative reputation, may charge more. A local attorney in Minnesota would be able to explain their own fees and how they charge their clients.
Child custody is one of the issues that can make contested divorces in Minnesota expensive. As noted above, this is because an attorney charges their hourly fee for every hour that they spend working on a person’s case. The more hours spent on a person’s case, the higher their total attorney’s fee will be.
An uncontested child custody case is where the divorcing parents participate in mediation or negotiation and are able to agree on how to arrange custody, visitation, and child support. Coming to an agreement saves these parents lots of money.
Minnesota law mandates a parenting plan that proposes a schedule for custody and visitation for the child. This parenting plan must be submitted to the court in all custody cases. If parents agree on a plan, they can file their plan jointly. If not, each parent must submit their own plan separately.
For a straightforward, uncontested child custody case in which the parents are able to agree on a parenting plan through mandatory mediation or negotiation, the total custody attorney cost for the case may range from $2,500 to $7,500. Again, this assumes that the parents can settle the issues between themselves with minimal involvement by a court.
However, for more complex custody cases, such as those involving allegations of abuse or neglect, parent relocation to a distant geographic location, or high-conflict disputes, the total cost may be much higher. In these instances, legal fees can range from $10,000 to $50,000 or more, depending on the time and resources required to resolve it.
What Can a Child Custody Lawyer Do?
Child custody attorneys provide a range of services to help parents deal with divorce or separation and custody of their children. Some of the key services a child custody attorney may provide include the following:
- Legal consultation: Before hiring a lawyer, a person wants to schedule a child custody consultation to discuss their case, learn about their options, and get a feeling for the lawyer and the lawyer’s services. Many lawyers offer a free or low-cost initial consultation.
- Document preparation: A lawyer prepares and files with the appropriate court all the necessary documents that a person needs to pursue a child custody case, including petitions, responses, supporting documents, and motions.
- Negotiation and mediation: As mentioned earlier, a lawyer can represent a person during negotiation and mediation to help them reach an acceptable agreement with the other parent. Some negotiations might be informal, but they would still be important to the case.
- Litigation: If there has to be a trial in a person’s case, their lawyer can represent them in court. Their lawyer would prepare and present evidence and arguments on their behalf and fight for the best possible outcome for the person and their children.
- Appeal: If a person does not get the result they want from a trial, their lawyer can appeal the court’s ruling. The lawyer would prepare the appeal and argue the case before the appellate court.
What Can a Child Custody Lawyer Do?
The basic factors that affect the custody attorney cost in a particular case are the hourly rate of the lawyer a person hires and the amount of time the lawyer spends working on a person’s case.
Some child custody cases require the appearance of child psychologists or witnesses in addition to attorney’s fees. Even if custody and visitation are not contested, a court may ask that the parents undergo a child custody evaluation, which checks the parents and the child. After the evaluation, the psychologist recommends child custody to the court. These recommendations are based on ensuring the child’s best interest standard is met.
What Factors Can Impact the Cost of a Child Custody Lawyer?
The costs involved in filing for custody would include a filing fee of $200 to $250, photocopying fees, and possibly a fee for the delivery of the papers to the other parent. A petition should be filed in the court in which the child lives.
How Much Does It Cost to File for Custody?
If a person already has a child custody order in place but needs to change it due to a change in their living circumstances, they need to file a petition with the court and attend a hearing. The cost to modify child custody is going to vary greatly depending on how complex a person’s case is and whether the other parent agrees to the modification. Again, if the other parent contests the modification, the cost would be higher.
In general, a person may expect to pay several hundred dollars in filing fees, other court costs, and attorney’s fees for the time a person’s lawyer spends preparing the petition and representing a person in court.
How Much Does a Custody Modification Cost?
If a person already has a child custody order in place but needs to change it due to a change in their life circumstances, they need to file a petition with the court and attend a hearing. The cost to modify child custody is going to vary greatly depending on how complex a person’s case is and whether the other parent agrees to the modification. Again, if the other parent contests the modification, the cost would be higher.
In general, a person may expect to pay several hundred dollars in filing fees, other court costs, and attorney’s fees for the time a person’s lawyer spends preparing the petition and representing a person in court.
Who Pays the Attorney Fees in a Child Custody Case?
A court may order one party to pay the attorney’s fees and other court costs incurred by the other party. In doing this, the court would consider any financial disparity between the parents when it determines who pays for the various costs.
For example, if one parent has a much higher income than the other, the court may order the wealthier parent to cover a larger portion of the custody court expenses.
The goal of this approach is to make sure that both parties have a fair opportunity to present their case, regardless of their financial situation. However, even if the other spouse might have to contribute to a person’s attorney’s fees and costs, the financial cost of a custody case can still be a heavy burden.
Should I Hire a Child Custody Lawyer?
If you have an issue with child custody, either because of a divorce, separation, or paternity suit, you want to consult a Minnesota child custody lawyer. LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and provide you with the best representation. Your lawyer will protect your interests and those of your child.
