When it comes to calculating the total custody attorney cost in Virginia, the total cost will be dependent on a variety of different factors. This is because Virginia child custody cases are all unique. In other words, each and every case will have a different set of facts that may impact the total cost of the case.
Because of the uniqueness of custody cases, it is difficult to determine the exact costs of a child custody case. This is especially true if the child custody case 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 between the parents regarding custody, numerous extra steps will occur prior to a final custody order. For example, there will likely be multiple preliminary hearings regarding custody prior to the final hearing that resolves all custody issues.
Due to the amount of work that is often involved in a child custody case, child custody disputes are commonly expensive. In fact, most child custody cases can cost anywhere from $500 to more than $20,000.
Once again, it is possible to reach a child custody agreement without going to court. If both parents are able to agree to the issues involved in custody, this will save 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 judge for approval. These cases are known as uncontested child custody cases.
However, even in uncontested child custody cases, there will still be costs associated with child custody orders that have been jointly approved. Further, custody orders drafted without the assistance of a local attorney in Virginia may result in disputes or issues occurring later on down the road. In turn, those disputes may turn into costly court cases.
What Can a Child Custody Lawyer Do?
The most important task for a child custody lawyer in Virginia is to help their client protect their legal and parental rights. An experienced child custody lawyer can do this by ensuring that the parent who hires them is well informed of all of the laws regarding custody in Virginia and their best legal option.
When it comes to obtaining a final custody agreement, an attorney can review any agreement that is reached by parents outside the court. This helps to ensure that the child custody agreement is legally sound. This will prevent future disputes and issues down the road. In turn, that will save time and money.
Examples of other common tasks that are performed by a child custody lawyer include:
- Providing legal advice and devising a strategy that is tailored to their client’s specific custody situation and needs
- Preparing legal documents, such as custody petitions, discovery responses, and ensuring all paperwork meets Virginia’s legal requirements
- Negotiating child custody arrangements with the other party or their attorney
- Representing their client’s interest in court by presenting their case, which may include 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
- The child’s best interest standard will always be utilized by the Virginia family law court when making custody decisions
- Conducting legal research to build a strong case for their client by analyzing laws and cases similar to their client’s case in order to develop an effective case strategy
- Providing emotional support and guidance to their clients throughout the custody proceedings
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 most impactful factors when it comes to the total cost of a child custody lawyer is attorney fees. 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, such as Virginia Beach or Chesapeake
- The difficulty and potential novelty of the custody case
- Other costs associated with handling a custody case, such as 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: As mentioned above, uncontested child custody cases are going to cost less to complete than contested cases
- Specialists and Expert Witnesses: Many custody matters require the assistance of a specialist or an expert, such as a child psychologist, which can, in turn, increase the total cost of the case
- Miscellaneous Fees: Miscellaneous fees, such as 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 also impact the total cost
As far as the actual filing fees for a custody petition in Virginia, a new custody case will cost $25 in filing fees. This does not include other costs related to starting a new case, such as the cost of getting service on the other parent.
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.
To modify a child custody order in Virginia, it is required to demonstrate that the modification is in the best interest of the child. Examples of what may qualify as a reason for a court to consider a change in a previous custody order include:
- A material 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 current custody arrangement
When it comes to the filing fees associated with starting a custody modification case in Virginia, the filing fee is typically $25 to begin the case. Once again, service of the modification will also then have to be perfected on the other party at an additional cost.
Who Pays the Attorney Fees in a Child Custody Case?
The general rule in child custody cases is that each party pays for their own attorney’s fees. However, in child custody cases in Virginia, the court has the authority to award attorney fees and other necessary expenses to the prevailing party in a child custody case.
These expenses can include attorney costs, communication expenses, investigative fees, travel expenses, expert witness fees, and child care during the custody proceedings. Typically, such fees are awarded where there is a significant disparity in income between the parties or if one party has acted in bad faith during the proceedings.
Should I Hire a Child Custody Lawyer?
There are many issues that may arise in a custody case that could affect the total cost of custody in both the short and long run. As such, if you are involved in a custody matter, it is recommended to consult with an experienced Virginia child custody lawyer.
LegalMatch can assist you in locating and setting up an initial consultation with an experienced custody attorney in your area. Although the costs of an attorney will often be a significant portion of your total case fees, the assistance and representation you will receive are generally worth the fees.
It is important to note that custody cases also involve the issue of child support, which can impact one’s financials for up to or more than 18 years. In some cases, an attorney may be able to take on your case based on a single flat fee payment and keep present and future costs low.
For example, in an uncontested custody matter where both parties can agree on a custody arrangement, an attorney can assist in reviewing the agreement and finalizing it. 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.
