How Much Does a Custody Lawyer Cost in North Carolina?

There is no single answer to a question about the cost of a child custody lawyer in North Carolina. That is because there are a number of different factors that affect the cost of a lawyer. In addition, there is the hourly 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.

Generally, a person may expect to pay from $100 to $500 per hour for an attorney who handles North Carolina child custody cases. The hourly rate of an attorney depends on a number of factors. Usually, attorneys in large cities such as Charlotte or more affluent areas charge a higher hourly rate than attorneys in smaller towns or rural areas.

Also, an attorney’s reputation in a particular market and their experience in a 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.

Reportedly, child custody lawyers in Charlotte charge from $275 to $350 per hour. A lawyer with a lot of experience especially in child custody disputes and a superlative reputation may charge more.

As for the total cost of an attorney’s representation in a case, this depends on whether the case is one in which custody is contested or one in which it is not contested. Contested child custody cases are going to be much more expensive than uncontested cases.

Child custody is usually what makes contested divorces in North Carolina expensive. A local attorney in North Carolina would be able to provide additional information.

An uncontested child custody case is where the divorcing parents are able to agree on how to arrange custody and child support. Coming to an agreement through negotiation saves these parents lots of money.

However, one parent could be determined to win sole custody or some other outcome not favored by North Carolina courts or suggested by the circumstances in the family. If this is the case, the case becomes contested and is going to be more expensive and stressful as well.

North Carolina law mandates a parenting plan that proposes a schedule for custody and visitation for their 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 mediation or negotiation, total legal fees 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 participation by the 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 the matter.

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 about 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.
• 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 Factors Can Impact the Cost of a Child Custody Lawyer?

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.

In addition to attorney’s fees, some child custody cases require the appearance of child psychologists or witnesses. Even if custody and visitation are not contested, a court may ask that the parents go through a child custody evaluation, which checks the parents and the child.

After the evaluation, the psychologist makes a recommendation to the court about child custody. These recommendations are based on making sure the child’s best interest standard is met.

How Much Does It Cost to File for Custody?

The fee for filing a petition for divorce or separation in a North Carolina family law court ranges from $150 to $220, plus $50 for serving the other parent. For legitimation, a person pays $80 plus $25 per address listed for service.

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 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 modification is contested by the other parent, 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 may take into account any financial disparity between the parents when it determines who pays for the various costs.

For instance, if one parent has a significantly 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 party might have to contribute to a person’s attorney’s fees and costs, the financial responsibility in 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 North Carolina 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.