In the State of New Hampshire, as with other states, custody attorney costs will depend on many different factors. There are numerous different types of issues in New Hampshire child custody cases that may affect the overall cost of hiring a custody attorney, especially when the case is contested.
Because custody cases often require more work than other types of legal cases, it will likely cost more to resolve. Custody disputes, on average, can cost anywhere between $1,500 to $20,000 or more.
A parent should be aware that the majority of child custody issues can be resolved without the parties having to go to court, which potentially saves money and time for all parties. The parents can make their own agreement that will govern their child custody arrangement in a way that works best for them and their schedules.
A lawyer can then put their agreement in writing to make sure it is enforceable and preferably submitted to the court. Then, if the court approves the agreement, it will be legally binding on both parents.
Although a child’s parents are permitted to create their own custody agreements without assistance from a local attorney in New Hampshire, if they do, they may experience issues with enforcing the order in the future. If a dispute arises at a later time, it can result in another lengthy and costly court battle for the parents.
Because of these types of issues, both parents should have their own attorneys to make sure that their individual rights are protected. This will also help make sure that they have an understanding of all of the options in their case and the consequences of each.
What Can a Child Custody Lawyer Do?
Child custody attorneys in New Hampshire can assist parents with navigating the legal system during what is often a difficult and stressful time. Having representation from a custody attorney can help parents be prepared for issues that can arise during their case.
An important way custody attorneys can help is to assist parents with coming to an agreement that meets their unique custody needs. If a custody lawyer drafts the agreement the parents reached, it will make sure the agreement covers all necessary issues, includes the necessary language, and is legally enforceable.
In addition to helping with these important issues, there are many other services that child custody lawyers can provide their clients, such as:
- Giving them legal advice
- Creating a strategy that is tailored to their unique case
- Assisting with negotiations to come to an agreement
- Ensuring the paperwork meets the legal requirements in the State of New Hampshire
- Preparing documents, such as:
- custody petitions
- declarations
- responses
- Representing a parent during mediation
- Representing a parent in court when their negotiations are not successful, which also includes:
- presenting their case
- introducing evidence
- examining witnesses
- arguing on their behalf
- protecting their interests in court
Whenever a case involves a child, such as a custody dispute, a court will make its decision using the child’s best interest standard. Both of a child’s parents should have their own legal representation to make sure that their individual interests are protected and that their case is focused on the best interests of their child.
Lawyers can handle all of the strategic planning and research that is needed to present the strongest possible case on behalf of their client. An attorney can also be referred to as a counselor because they provide their clients with guidance and emotional support while advocating on their behalf in court, which can provide a sense of security during a difficult time.
What Factors Can Impact the Cost of a Child Custody Lawyer?
As previously noted, there are many different types of issues that can have an affect on how much hiring a custody lawyer costs. One of the most impactful factors is the fee arrangement that the lawyer uses.
Some lawyers may also charge higher fees than others based on factors such as:
- Their geographical location
- The amount of time they think it will take to resolve the case
- How challenging they think the case may be
- Their experience and reputation
How Much Does It Cost to File for Custody?
The cost of filing for custody will vary by case, depending on the issues noted above as well as others that will be discussed below. Examples of some of the many things that can have an affect on filing for custody can include, but are not limited to:
- The specific issues: Typically, it is more costly to resolve a contested custody case because these types of cases can require:
- court time
- depositions
- filing temporary motions
- hiring an expert witness
- Expert witnesses: The case may require testimony or reports from expert witnesses, such as a child psychologist, which adds to the cost of the case.
- The cost of having an expert in a child custody case can range anywhere from $1,500 to more than $5,000.
- Miscellaneous fees: There can be different types of fees in child custody cases, including:
- certified copies
- process servers
- a mediator
- court filing costs
- other necessary fees for handling day-to-day issues
How Much Does a Custody Modification Cost?
If there is already a custody order in place that needs modification, the process will usually cost less than obtaining the original order. If a parent requests a modification of their custody order, they may be required to show that there has been some material change in circumstances.
An attorney who represents a parent making a modification request will gather and present evidence of the material change. In the majority of situations, the court will hold a hearing and allow both parents to present their own arguments and evidence.
Modification of a custody order is usually similar to getting the original custody order. If a parent wants a modification of their existing custody order, their lawyer can submit the request to the proper court, serve the request on the other parent, and present their case in court.
In addition to being less costly, a modification will typically take less time than the first order. Because it will likely take less time and effort to obtain a modification, the process will often cost less than the original order.
Who Pays the Attorney Fees in a Child Custody Case?
In a child custody case, each of the child’s parents will be expected to pay for their own lawyer’s fees. There can be, however, a few exceptions to this rule.
A parent should note that if they willfully attempt to delay the process to negatively affect the finances of the other parent, the court can require them to pay the other parent’s lawyer’s fees. In certain instances, if one parent has a much higher income than the other, a court may require them to pay the other parent’s lawyer’s fees.
Should I Hire a Child Custody Lawyer?
If you have any child custody questions or issues in New Hampshire, it is very important to reach out to a New Hampshire child custody lawyer. Your lawyer will be able to present the best possible case on your behalf in court that is based on your child’s best interests.
With LegalMatch, you can find a child custody lawyer in your area for free and from the comfort of your own home. Simply submit your question on the website, and you will receive responses from member lawyers who can help you resolve your issue.
Your lawyer will represent you throughout your case, which includes any negotiations and court appearances. Having a lawyer represent you will help make sure that your parental rights are protected and will allow you to focus on your family during what can be a stressful time.
