|
|
|
 |
 |
| | | An initial custody arrangement will be set up as part of a divorce, but changes in one parent's circumstances or desires (or if the parents were never married so there is no divorce decree), a separate child custody suit may be filed. | | |
| Typical costs: | - Legal fees start around $3,000 -$5,000 for a relatively simple child custody case, but could be quite a bit less if both parents are in relative agreement and can settle out of court. However, legal costs can jump to $5,500 -$35,000 or more for a custody battle that includes taking depositions, hiring experts to testify, extensive "discovery" in the other parent's records, and lots of time preparing for and holding a trial.
- Because custody cases are unpredictable in terms of complications and length, most family law attorneys charge fees based on hourly rates of $75 -$400, although some attorneys charge as much as $500 an hour, according to the book "Child Custody Made Simple"; time in court is usually charged at a higher rate than for an office consultation. Some attorneys charge a flat fee for a specific, straightforward process, such as the paperwork needed for an uncontested change in custody arrangements. FindLaw.com explains the basic types of legal fees.
- Legal fees are usually paid in advance in a payment known as a retainer. If the attorney is working on an hourly basis, charges for the hours worked by an attorney or office staff will be deducted from the retainer as the work is done; if the retainer is used up you will be billed for an additional pre-payment.
What should be included: | - Child custody is meant to be awarded based on the best interests of the child or children; custody is usually governed by state rather than federal law. Details vary between states. FindLaw.com lists custody laws by state and custody resources by state, and links to custody forms for each state. Lawyers.com describes the rights of a non-custodial parent.
Additional costs: | - Books explaining the child custody system range from $12 -$100.
- Some lawyers may include filing fees or other court costs ($5 -$250 or more) and other expenses (copying, postage, messengers, paralegal time, etc.) in their legal fees but other attorneys charge separately for these. Get a written estimate of anticipated "other" costs.
- Working with a mediator to create a custody agreement (without going to trial) could cost $80 -$250 an hour, for two or more hours of work; this fee is usually split by both parties.
- The initial consultation to discuss your case may be free or it could be charged at the attorney's hourly rate; ask before you go.
Discounts: | - Many states have programs granting fee waivers (for filing fees and other court costs) to low-income people. You may also qualify for Legal Aid or other free or low-cost assistance; the American Bar Association links to legal resources in each state.
Shopping for a child custody attorney: | - Ask family and friends for feedback on local family law attorneys. Contact several, and ask about each one's training and experience in family law.Lawyers.com explains what to do in a first meeting with a family law attorney.
- Referrals are available through FindLaw.com; or you can contact your local bar association.
- Your attorney should provide you with a written fee agreement. Be sure you understand what is covered, and any other fees and expenses you might have to pay.
|
| |
Article updated October 2008 |
|
Digg this
del.icio.us
E-mail
Post