How Much Does a Custody Lawyer Cost in South Dakota?

When parents are involved in a custody case of any kind, choosing the right child custody lawyer is one of the most important decisions. The cost of hiring a lawyer, however, can be a major concern for a parent.

Custody attorney cost in South Dakota, as in other states, depends on many different issues. There are many different issues in South Dakota child custody cases that can affect the total cost of hiring a custody lawyer, especially if the case is contested.

A custody case often requires an attorney to do more work than they would do in other types of cases, which means they often cost more to resolve. On average, custody case costs can range anywhere from $1,500 to $20,000 or more.

A parent may be able to schedule a child custody consultation to discuss their case and get an idea of their options and the total potential cost of the case. There are attorneys who will offer free or low consultation fees for an initial meeting, allowing a parent to interview multiple lawyers before making a decision.

A parent who is currently involved in a child custody dispute should be aware that many of these types of issues can be resolved without actually appearing in court. Trying to resolve issues outside of the courtroom can help the parents save time and money.

Parents can come to their own agreements about child custody based on what will work best for their unique situation. A lawyer can put their agreement in writing and make sure it is properly drafted and submitted. When the agreement is approved by the court, it is legally binding on both parents.

Although parents involved in custody cases can come to their own agreements, if they do not have help from a local attorney in South Dakota, they may have future issues trying to enforce the order. If there is a dispute in the future, the parents may face additional lengthy and costly court battles.

It is important for each parent to have their own attorney to make sure that their individual rights are protected and to avoid future issues. Additionally, this will help make sure that each parent has an understanding of all of the options that are available to resolve their case and the possible consequences of each.

What Can a Child Custody Lawyer Do?

Attorneys in South Dakota who handle custody cases can do many things to help parents involved in these cases who have child custody issues. Having representation from a child custody attorney can assist a parent with being prepared for handling issues that may arise during their case.

A custody attorney can help the parents come to an agreement that meets their needs for their specific situation. When an attorney drafts the agreement, it will cover all of the required elements and language and will be legally enforceable in the future.

A custody attorney can provide many additional services to parents, such as:

• Giving legal advice
• Representing them in court if negotiations are not successful, including:
  • presenting their case
  • introducing evidence
  • examining witnesses
  • arguing on their behalf
  • protecting their interests in court
• Assisting with negotiations so the parents are able to reach an agreement
• Creating a strategy tailored to the unique case
• Representing a parent during mediation
• Ensuring all documents meet the legal requirements in the State of South Dakota
• Preparing documents, which include:
  • custody petitions
  • responses
  • declarations

If a case, such as a child custody dispute, involves a child, the court will follow the child’s best interest standard when it makes any decisions. When a parent has an attorney, their attorney will handle the research and planning required to present the best case possible.

What Factors Can Impact the Cost of a Child Custody Lawyer?

As previously noted, numerous factors impact the cost of a child custody attorney. One of the most influential factors is the fee arrangement that the lawyer uses to bill for the case.

Certain custody lawyers may charge higher fees than other lawyers based on factors including:

• How difficult the case may be
• The amount of time they believe it will take to resolve the case
• Their experience and reputation
• The geographical location

How Much Does It Cost to File for Custody?

The precise cost of filing for child custody will be different in each case, depending on the factors discussed above and those below. Factors that can have an impact on the cost of filing for custody include:

• The specific issues: With a contested case, it will likely be more costly to resolve and may require:
  • filing temporary motions
  • depositions
  • hiring an expert witness
  • court time
• Expert witnesses: Custody cases commonly require expert testimony, which will increase the cost of the case.
  • It may cost anywhere from $1,500 to over $5,000 to hire an expert in a child custody case.
• Miscellaneous fees: Miscellaneous fees may apply in child custody cases, such as:
  • certified copies
  • process servers
  • mediation costs
  • court filing costs
  • other necessary fees for handling day-to-day issues

There are certain types of fees, such as some court filing fees, that may be waived if the individual can show financial hardship.

How Much Does a Custody Modification Cost?

When an existing custody order needs to be modified, it will usually cost less than getting the original order. If a parent requests a modification of an existing order, they will have to show a court that there was a material change in their circumstances.

The lawyer who presents the parent requesting the modification will gather and present the evidence necessary to show there was a change. It is common for courts to hold a hearing to allow both of the parents to present their arguments.

The process in the courtroom for obtaining a modification will likely be similar to obtaining the first order. When a parent is requesting a modification, their lawyer will submit their request to the court, serve the proper documents on the other parent, and present their arguments.

In addition, a modification of the original order will typically take less time to obtain than getting the first order. Because it typically takes less effort and time to obtain a modification than to obtain an original order, it usually costs less overall.

Who Pays the Attorney Fees in a Child Custody Case?

In most cases in the United States, including custody cases, clients are expected to pay their own attorney’s fees. There are, however, exceptions in very few situations.

For example, if one parent attempts to delay the legal process so they can negatively affect the finances of the other parent, the court can order them to pay the attorney’s fees of the other parent.

Should I Hire a Child Custody Lawyer?

If you have any type of child custody concern in South Dakota, it is very important to consult with a South Dakota child custody lawyer. With a lawyer, you will be able to present the best possible case and help ensure your child’s best interests are considered.

With LegalMatch.com’s no cost lawyer matching service, it takes only around 15 minutes to submit your question on the website. In about 24 hours, you will get responses from member lawyers in your area who handle child custody cases.

These responses will include information on the lawyer’s fees, which can help you get an idea of what the cost will be. When your children are involved, it is worth the money to protect your interests as well as theirs.