In Montana, similar to other states, custody attorney costs will depend on many different issues. Many things in a Montana child custody case can have an effect on the overall cost of hiring a custody lawyer, especially in contested cases.
Custody cases usually require lawyers to do more work than they do in other kinds of cases, meaning they usually cost more to resolve. As an average, a custody dispute can cost anywhere from $1,500 to $20,000 or more.
Parents who are involved in child custody disputes should know that most issues can be resolved without having to appear in court. This may save both parents money and time.
A child’s parents are permitted to reach their own agreements for their child custody arrangements that will work best for their unique situation and schedules. An attorney will be able to put the parent’s agreement in writing and ensure that it is properly submitted and legally enforceable. If the court approves the parent’s agreement, it will be legally binding on both of them.
Even though parents can reach their own agreements on child custody without help from a local attorney in Montana, doing so may cause issues with enforcement of the order in the future. If a future dispute does arise, it may result in additional costly and lengthy court battles.
Due to these possible issues, both of the child’s parents should have their own lawyers to ensure that each of their parental rights are protected. In addition, this will help ensure that both parents understand all of the available options in their case as well as the consequences of choosing each.
What Can a Child Custody Lawyer Do?
A child custody lawyer in Montana does many things to help parents navigate the legal system if they have a child custody issue. Legal representation from a child custody lawyer can help a parent be prepared to handle the issues that may come up during their case.
Custody lawyers help parents reach agreements that meet their needs for their specific arrangements. When a custody lawyer drafts and submits the parents’ agreement, it will ensure that it covers all of the necessary elements, includes the required language, and is legally enforceable.
Child custody lawyers also provide many other services to parents, in addition to helping with these issues, which can include:
- Giving them legal advice
- Assisting with negotiations so the parents can reach an agreement
- Creating a strategy that is tailored to the parent’s unique case
- Representing a parent during mediation
- Ensuring the paperwork meets the legal requirements in the State of Montana
- Preparing documents, such as:
- custody petitions
- responses
- declarations
- Representing a parent in court if their negotiations are not successful, which also includes:
- presenting their case
- introducing evidence
- examining witnesses
- arguing on their behalf
- protecting their interests in court
When a legal case involves a child, for example, a custody dispute, the court will use the child’s best interest standard when making any decisions. Both of a child’s parents should have their own lawyers to ensure that their individual parental interests are protected and that the case is based on the best interests of the child.
A parent’s lawyer will take care of all the research and strategic planning that is required to present the strongest case on behalf of their client.
What Factors Can Impact the Cost of a Child Custody Lawyer?
As noted above, there are numerous factors that may affect the overall cost of hiring a child custody attorney. The factor that will likely impact the cost the most is the fee arrangement the attorney uses to bill clients.
There are some custody attorneys who charge higher fees than others, based on things such as:
- How challenging they think the case may be
- Their experience and reputation
- Their geographical location
- The amount of time they think it will take to resolve the case
How Much Does It Cost to File for Custody?
The exact cost of filing for child custody will be different in every case, depending on the issues noted above and those listed below. Examples of factors that may impact the cost of filing for custody includes:
- The case’s specific issues: When a case is contested, it will likely cost more to resolve and may require:
- filing temporary motions
- court time
- depositions
- hiring an expert witness
- Expert witnesses: Custody cases may require expert testimony, which increases the cost of the case.
- It can cost anywhere from $1,500 to more than $5,000 to have an expert in a child custody case.
- Miscellaneous fees: There can also be miscellaneous fees in child custody cases, including:
- mediation costs
- court filing costs
- certified copies
- process servers
- other necessary fees for handling day-to-day issues
How Much Does a Custody Modification Cost?
If a custody order is already in place and needs a modification, it will typically be less costly than it was to obtain the original order. When a parent asks for a modification of their existing custody order, they may have to show the court that there has been a material change in their circumstances.
Lawyers who represent parents who request modification will obtain and present evidence of that material change. In most cases, a court will have a hearing that allows both of the parents to present their side of the argument.
Modifying a child custody order is often similar to obtaining the first custody order. When a parent wants a modification of that order, their attorney will submit a request to the court, serve that request on the child’s other parent, and present their arguments for modification in court.
Modifications of the original child support order also usually take less time than obtaining the first one. Due to the fact that it usually takes less time and effort to get a modification than to get a first order, it will often cost less.
Who Pays the Attorney Fees in a Child Custody Case?
In child custody cases, both parents will likely pay for their own attorney’s fees. It is important to be aware, however, that there are a few exceptions.
When a parent tries to delay the legal process in order to have a negative effect on the other parent’s finances, the court may order them to pay the other parent’s attorney’s fees. In some situations, when one of the parents has a substantially higher income than the other, the court may order them to pay the other parent’s attorney’s fees.
Should I Hire a Child Custody Lawyer?
Whenever you have a child custody concern or issue in the State of Montana, you should reach out to a Montana child custody lawyer. Having a lawyer will allow you to present the best case possible to the court, ensuring that it is also in your child’s best interests.
You can use LegalMatch.com to locate a child custody attorney in your area at no cost in just a few minutes. All you need to do is submit your concern on the website, and within around 24 hours, you will get responses from licensed and pre-screened member lawyers who can help you.
Your attorney will represent you during any negotiations or court appearances. Having a lawyer handle your child custody issue will make sure that your rights as a parent are protected so you can focus on your family.
