There is no single answer to a question about the cost of a child custody lawyer in Oregon. 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.
Parents must decide who the child lives with, 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 Oregon child custody cases. The hourly rate of an attorney depends on a number of different factors. Usually, attorneys in large cities, such as Portland, Eugene, or more affluent areas, charge a higher hourly rate than attorneys in smaller towns or rural areas. Some lawyers in Oregon 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 Oregon could explain their fees and how they charge their clients.
Child custody is usually what makes contested divorces in Oregon 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. A local attorney in Oregon would be able to explain their billing practices and how they might resolve a person’s case more economically.
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 and child support. Agreeing to the required mediation saves these parents lots of money.
Oregon law mandates a parenting plan that proposes a schedule for custody and visitation, referred to as “parenting time” in Oregon, for the child. This parenting plan must be submitted to the court in all custody cases. If parents cannot agree, the court holds a hearing, and the court makes the decisions as to custody and parenting time.
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 low-cost or even free first meeting to discuss a person’s case. If the client hires them, they will provide the following services.
- 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 it 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 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.
Oregon law establishes what is referred to as a “rebuttable presumption” in all new custody cases. The presumption is that joint custody and the child spending equal time with each parent serves the child’s best interest. So, if one parent wants to win sole custody, they must overcome this presumption. That could prove to be legally challenging and expensive as well.
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 making sure the child’s best interest standard is met.
How Much Does It Cost to File for Custody?
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 parenting time 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 making sure the child’s best interest standard is met.
How Much Does a Custody Modification Cost?
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 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 approach aims to ensure 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.
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 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 an Oregon 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.
Jose Rivera
Managing Editor
Editor
Last Updated: Sep 16, 2024