When it comes to child custody, one of the first questions asked by separating parents is what the total custody attorney cost in Wisconsin is. In short, there is not one single answer. This is because the total cost of a custody lawyer will be dependent on a variety of different factors.
Importantly, all Wisconsin child custody cases are unique. This means that each and every custody case will have a different set of facts and issues particular to that specific case, which may impact the total cost of the case.
Because of the uniqueness of each 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 contested. A contested child custody case refers to a case where the parents cannot agree on all the issues that need to be addressed in a custody agreement.
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 example, there will likely be multiple preliminary hearings to determine custody while the case is ongoing. There will also likely be hearings to obtain evidence to bolster one’s case against the other party.
Due to the amount of work that is involved in a contested child custody case, contested child custody disputes are expensive. In fact, most child contested custody cases can cost anywhere from $3,000 to more than $40,000. Uncontested child custody cases, on the other hand, can range from $0 to $1,000.
In other words, if both parents are able to agree to all of the issues involved in a custody case, that will save a lot of time and money. For example, if both parties can agree to a child custody order outside of court, they may simply present their joint custody agreement to a family law court judge for approval.
However, even in uncontested child custody cases, there are still costs associated with obtaining a final child custody order. Additionally, custody orders drafted without the assistance of a local attorney in Wisconsin may result in disputes or legal issues occurring later on down the road. In time, those disputes may then evolve into contested custody disputes.
What Can a Child Custody Lawyer Do?
The most important role of a child custody lawyer is ensure their client’s legal and parental rights are protected. An experienced child custody attorney will make sure their client is well informed of all of Wisconsin 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 reach 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 for a custody arrangement that works best for their client and all other parties involved. Examples of other tasks performed by a child custody lawyer in Wisconsin include:
- Providing legal advice and crafting a legal strategy that is tailored to their client’s specific custody case
- Preparing legal documents, such as custody petitions, discovery requests, discovery responses, and ensuring all paperwork submitted meets Wisconsin’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 the Wisconsin family law court when making any decision involving a child
- 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 guidance and emotional support to their client throughout the case
What Factors Can Impact the Cost of a Child Custody Lawyer?
There are other factors that can impact the total cost of a child custody lawyer, with one of the most impactful factors being lawyer fees. Factors that may impact the total cost of a child custody lawyer 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 Milwaukee, Madison, and Green Bay
- 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 an attorney’s overhead costs
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: 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
- Many cases may also require a guardian ad litem to be appointed to represent the child. That guardian ad litem may then have fees that range from $100 to $300 per hour
- 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, mailing costs, 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 Wisconsin, a new custody case will cost approximately $200. 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 the costs listed above. This is because a modification is essentially an attempt to restart the original custody case from the beginning.
In order to modify a child custody order in Wisconsin, it is required to demonstrate that there has been a substantial change in circumstances since the last order was rendered. Also, two years must have passed since the last order was rendered.
When it comes to the fees associated with starting a custody modification case in Wisconsin, if both parents agree to the modification, they can file a Stipulation and Order to Amend Judgment form without any fees. However, if either parent contests the modification, there is a filing fee of $30 for modifying the order without an attorney.
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 Wisconsin, the court has discretion to award attorney fees in certain circumstances. Typically, a Wisconsin court will only order the other party to pay for child custody fees if there is a significant disparity in income between the parties.
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 custody matter, it is recommended that you immediately consult with an experienced Wisconsin child custody lawyer.
LegalMatch can assist you in locating and setting up a consultation with an experienced custody attorney in your area. Importantly, custody cases also involve the issue of child support, which can greatly impact your financials 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.
