As far as the total custody attorney cost in Pennsylvania, that will depend on a variety of different factors. This is because Pennsylvania child custody cases are all unique. This means that each and every case will have a different set of facts that will impact the total cost of the case.
Because of this, it is difficult to determine the exact costs of a child custody case, especially a child custody case that is contested. A contested child custody case is a case where the parties that are seeking custody cannot agree on a custody arrangement. Because there is no agreement, there are numerous extra steps that will occur prior to a final custody order.
Additionally, due to the amount of work that is often involved in a child custody case, child custody disputes are commonly expensive. In fact, most cases can cost anywhere from $1,000 to more than $20,000.
It is important to note that it is possible to arrange child custody without going to court. This, in turn, saves a lot of time and money. For example, both parties could agree to a child custody order outside of court, and then jointly present their custody agreement to a family law court for approval. These particular cases are commonly referred to as uncontested child custody cases.
However, even in uncontested child custody cases, there will still be filing costs associated with child custody orders that have been jointly approved. Further, custody orders drafted without the assistance of a local attorney in Pennsylvania may result in disputes or issues occurring later on down the road. Then, those disputes may turn into costly court cases. As such, it is important to understand all your legal options before proceeding in a child custody case.
What Can a Child Custody Lawyer Do?
Importantly, a child custody lawyer in Pennsylvania is recommended in order to help parents protect their legal rights. Additionally, a child custody lawyer can also be helpful in ensuring that any agreement that is reached by parents outside the court regarding child custody is legally sound.
As mentioned above, having an experienced child custody lawyer assist with preparing the final custody agreement will prevent future disputes and issues down the road. Importantly, a child custody attorney does a lot more than just prepare custody orders for their clients.
Examples of common tasks that are performed by a child custody lawyer include:
- Providing expert legal advice and strategy that is tailored to their client’s specific custody situation
- Helping to prepare legal documents, such as custody petitions, discovery responses, and ensuring all paperwork meets the legal requirements in Pennsylvania
- Assisting their client by negotiating child custody arrangements with the other party or their attorney
- If child custody negotiations fail, a child custody attorney can also represent their client’s interest in court by presenting their case. This includes introducing evidence, examining witnesses, and arguing on their client’s behalf
- Ensuring their client’s case is built around the child’s best interest standard. It is important to note that the child’s best interest standard will always be utilized by the Pennsylvania family law court when making custody decisions
- Conducting legal research to build a strong case for their client by analyzing laws and previous relevant cases similar to their client’s case in order to develop an effective case strategy
- Otherwise, providing emotional support and guidance to their clients throughout the custody matter
What Factors Can Impact the Cost of a Child Custody Lawyer?
As noted above, numerous factors can impact the cost of a child custody lawyer. One of the largest costs associated with child custody disputes comes from an attorney’s total fees.
For example, some attorneys may cost more than others based on a variety of different factors, including:
- The amount of time the lawyer spends on the custody case
- The attorney’s experience, abilities, and established reputation
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in
- The difficulty and potential novelty of the custody case
- Other costs, including an attorney’s overhead costs, such as rent, utilities, etc.
How Much Does It Cost to File for Custody?
In addition to an attorney’s fees, there are also other factors that may contribute to how expensive an overall child custody case will be, such as:
- The Type of Custody Dispute: Uncontested child custody cases are going to cost less to resolve than contested cases
- Specialists and Expert Witnesses: Some cases require the assistance of a specialist or an expert, such as a child psychologist, which can increase the cost of the case
- Miscellaneous Fees: There are also miscellaneous fees that add up quickly in child custody cases, including paying private process servers, paying court filing costs, paying for mediation, paying for certified copies of documents, mailing costs, and other fees that are involved in handling a child custody case on a day by day basis.
How Much Does a Custody Modification Cost?
Similar to obtaining an original child custody order, a child custody modification will also involve all of the costs mentioned above. This is because a modification is essentially an attempt to restart the original custody case.
In order to modify a child custody order in Pennsylvania, you need to demonstrate that the modification is in the best interest of the child. Reasons that a court may consider a change in a previous custody order include:
- A significant change in circumstances, such as the relocation of one parent, a change in employment, or a parent’s inability to care for the child due to their health or availability
- Concerns about the child’s safety or well-being in the current custody arrangement
- Non-cooperation with the existing visitation schedule by one parent, such as failing to exercise their rights under the custody arrangement
Who Pays the Attorney Fees in a Child Custody Case?
As mentioned above, the general rule is that each party pays for their own attorney’s fees. However, in child custody cases in Pennsylvania, the judge has the authority to order one party to pay for some or all of the attorney fees of the other party in certain circumstances.
Specifically, Under 23 PA Cons Stat § 5339 (2014), a court may award reasonable interim or final counsel fees, costs and expenses to a party if the court finds that the conduct of another party was obdurate, vexatious, repetitive or in bad faith.
In other words, the courts may award attorney’s fees and court costs in family law cases, such as custody matters. However, this is only generally done if the two parties in a child custody case are in unequal financial positions.
Should I Hire a Child Custody Lawyer?
As can be seen, there are numerous benefits to hiring an experienced Pennsylvania child custody lawyer. LegalMatch can assist you in locating and setting up an initial consultation with an attorney in your area.
Although the costs of an attorney will often be a significant portion of total case fees, the assistance and representation you will receive are generally worth the fees. This is especially true in cases that are contested. In fact, in some cases, an attorney may even offer to take the case based on a single flat fee payment. For example, in an uncontested custody matter where both parties can agree on a custody arrangement.
In any case, an attorney will be able to ensure that your parental rights are protected and be able to assist you in obtaining custody. Finally, an attorney will also be able to represent your interests in court, as needed.
