When it comes to child custody, one common question asked by separating parents is what the total custody attorney cost in West Virginia will be. In short, there is not one single answer. This is because the total cost of a custody lawyer will be dependent on the unique facts for each West Virginia child custody case.
Because of the uniqueness of each child custody case, it is difficult to determine the exact costs of a child custody case upfront. This is especially true if the child custody case is or becomes contested.
A contested child custody case refers to a case where the separating parents cannot agree on all the issues that need to be addressed in a custody agreement. For instance, the two parents or parties seeking custody might be unable to agree on the issues involved in the custody case.
In this case, numerous extra steps will need to occur prior to a final custody order. For instance, there will likely be multiple preliminary hearings to determine custody while the custody case is ongoing. There will also likely be hearings to obtain evidence from the other party to bolster one’s argument for increased custody.
Due to the amount of work that is often involved in a contested child custody case, contested child custody disputes are expensive. In fact, most child contested custody cases can cost anywhere from $10,000 to more than $30,000.
On the other hand, uncontested child custody cases can range from $1,000 to $2,000. This typically includes court fees, expenses for preparing the necessary legal documents, and any costs associated with attending required classes or mediation sessions.
In other words, if both parents are able to agree to all of the issues involved in a custody case, that will save both parties significant time and money. In fact, if both parties can agree to a child custody order outside of court, they may simply present their joint custody agreement to their family law court judge for approval.
It is important to note that custody orders drafted without the assistance of a local attorney in West Virginia may result in disputes or legal issues occurring later on down the road. In time, those disputes may then evolve into contested custody disputes. As such, it is often recommended to have an attorney review any agreements reached by both parties at a minimum.
What Can a Child Custody Lawyer Do?
The main role of a child custody lawyer is to ensure their client’s legal and parental rights are protected. Another role of an attorney is to ensure that their client is well informed of all West Virginia custody laws.
Additionally, they will be able to help their client determine their best course of legal action. Further, in uncontested cases, a lawyer will also be able to review any agreement that parents may have reached outside the court and ensure that the agreement is acceptable and good for their client.
In contested child custody cases, an attorney will be able to help negotiate a custody arrangement that works best for their client. Examples of other common tasks that are performed by a child custody lawyer in custody matters include:
- Providing legal advice and crafting a legal strategy that is tailored to their client’s unique custody case
- Preparing legal documents, such as custody petitions, discovery requests, discovery responses, and ensuring all paperwork submitted meets West Virginia’s requirements
- Negotiating child custody arrangements with the other party or their attorney
- Representing their client in court by presenting their case, including 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 is the legal standard that is utilized by all West Virginia family law courts when making any decision involving a child that states that any decision made must be made with the child’s best interests above all else
- Conducting legal research in order to build a strong case for their client by analyzing laws, changes in the law, and cases similar to their client’s case
- Providing their client with legal guidance and emotional support throughout the case
What Factors Can Impact the Cost of a Child Custody Lawyer?
There are many different factors that can impact the total cost of a child custody lawyer. One of the most impactful factors is lawyer fees. Factors that may impact the total cost of a child custody lawyer’s fees include:
- The amount of time that the lawyer spends on the custody case
- The attorney’s experience, abilities, and established reputation in the industry
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in, such as Charleston, Huntington, and Morgantown
- The overall complexity and novelty of the custody case
- Other costs associated with handling a custody case on a day-to-day basis, such as support staff fees, mailing fees, printing costs, etc.
How Much Does It Cost to File for Custody?
In addition to an attorney’s fees, there are also other factors that contribute to how expensive a child custody case will be, including:
- The Type of Custody Dispute: Once again, if the child custody case is uncontested, it is going to cost less to complete than a contested custody case
- Specialists and Expert Witnesses: In some custody cases, the assistance of a specialist or an expert, such as a child psychologist, is needed
- In West Virginia, many cases may also require a guardian ad litem to be appointed to represent the child. The guardian ad litem may then have fees that range from $1,000 to $3,000
- Miscellaneous Fees: There are also costs related to paying private process servers, paying court filing costs, paying for mediation, paying for certified copies of documents, and other fees that are involved in handling a child custody case on a day-by-day basis
As far as the actual filing fees for a custody petition in West Virginia, a new custody case will cost approximately $150. Importantly, this fee does not include other costs related to starting a new case, such as the cost of perfecting legal services for 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 listed above. This is because a modification is basically an attempt to restart the original custody case from the beginning.
In order to modify a child custody order in West Virginia, it is required to demonstrate that there has been a substantial change in circumstances since the last order was rendered. Also, it must be proven that the modification is necessary to serve the best interests of the child.
When it comes to the fees associated with starting a custody modification case in West Virginia, if both parents agree to the modification, they can file a joint petition for modification. However, if either parent contests the modification, there is a filing fee of $150.
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. This is known as the American rule. However, in child custody cases in West Virginia, the court has the discretion to award attorney fees in certain circumstances.
Generally speaking, a West Virginia court will only order the other party to pay for child custody fees if there is a significant disparity in income between the parties. However, where one party’s actions have unnecessarily prolonged the litigation, or if one party has acted in bad faith, fees may also be awarded.
Should I Hire a Child Custody Lawyer?
As can be seen, there are many issues that may occur in a custody case that could affect the total cost of a custody case. As such, if you are involved in a child custody dispute, it is recommended that you immediately consult with an experienced West Virginia child custody lawyer.
LegalMatch can assist you in locating and setting up a consultation with an experienced custody attorney in your area. It is important to note that custody cases also involve the issue of child support, which can greatly impact your finances for up to or more than 18 years.
As such, a lawyer will almost always be worth their fees in the long term. They can help ensure that your parental rights are protected throughout the custody proceedings. Further, an attorney can also provide you with your best course of legal action with regard to obtaining or modifying custody. Finally, an attorney will also be able to represent you in court, as needed.
