When parents separate or divorce children are an important topic. The determination of custody is next to impossible without legal assistance. But the cost of legal fees can be overwhelming.
Attorney fees vary from one law firm to the next and will depend on several factors. Read on to know who pays attorney fees in child custody cases.
Each Party Pays Their Own Fees
In general, in child custody cases, each party pays their own attorney fees. This means that each person in the dispute is financially responsible for covering the cost of the services of their respective custody lawyers. However, the court can order one of the parties to pay the other party’s attorney fees in some instances.
This usually requires a compelling showing that the party asking for fees does not have the resources to pay and is in need of support. It is important to be aware of any court order which may require one party to pay the other’s attorney fees.
Fee-Shifting
Fee shifting is most commonly used when one party does not have the economic resources to pursue a case. The court has the authority to order the non-prevailing party to pay the legal fees of the prevailing party.
Fee shifting can prevent a party from being denied legal representation due to economic hardship. It can also make cases more expensive for both parties.
The decision to award fee-shifting and the fee amount is left to the court’s discretion. There are many factors considered when making this decision. This includes the financial resources and positions of each party and the complexity of the case.
Need-Based Assistance
Need-based assistance is available for parents in child custody cases who are unable to afford an attorney. This type of assistance is funded by a variety of public and private agencies. This includes state bar associations, legal aid groups, child welfare organizations, and local family courts.
Most accepted applications will be evaluated on a need basis. It considers income, the number of dependents, monthly living expenses, and other factors. Attorneys may be able to waive some or all of their fees in exchange for the payment of court costs.
Financial resources are also available from non-profit organizations. They can provide access to attorneys who will take a case on a sliding scale fee basis. Where possible, pro bono services are also available from some attorneys, free of charge.
What Are the Fees Included in a Child Custody Case
The fees covered in a child custody case typically include custody lawyer cost, attending court hearings, drafting legal documents, researching applicable law, and advocating on behalf of the client. There are also fees related to discovery and investigation that may become relevant in certain cases, such as those involving a potential relocation.
Here are the common fees that may be incurred in a child custody case.
Attorney Fees
Attorney fees typically cover the attorney’s services for a custody proceeding. It includes the initial strategy, meeting with you to review the case and answer questions, all court filings, appearances, negotiations, and preparing for any hearing or trial.
A family lawyer may charge by the hour, and the fee depends on the experience level and complexity of the case. Some of the standard fees may include a retainer fee that is deposited at the start of the case, a flat fee for the entire case, pre-payment discounts, payment plans, and a legal coach or attorney advocate.
Court Filing Fees
Court filing fees when dealing with a child custody case are usually more expensive than those for other types of cases. If the parties decide to bring a third-party application for special needs custody, the filing fee may be substantially higher.
In some cases, an attorney may be asked to pay additional out-of-pocket expenses on behalf of their clients, It includes the payment of fees to the court or a third-party neutral. The court may require both parents to pay filing fees depending on their respective financial circumstances. If there are multiple children involved, the filing fees may be even higher.
Mediation Fees
Mediators may charge an hourly fee which can sometimes be covered by either parent or both parents in some cases. They also often charge a session fee, which covers the cost of the use of the mediator’s services and materials.
In some cases, court-appointed mediators or mediation services provided by public agencies may offer reduced rates or even free services for those who qualify.
No matter how the mediation fees are paid, mediators can be invaluable in helping parents come to an agreement on various parenting and custody issues.
The Evaluator or Guardian ad Litem Fees
Costs may include the guardian ad litem’s hourly wage, relevant travel expenses, phone, and other administrative costs. The service of a guardian ad litem may be beneficial for both parties as they provide an additional source of knowledge and information about the best interests of the child in a custody case.
Expert Witness Fees
Expert witness fees are charged when an expert is needed to testify to the court regarding evidence or testimony related to the case. These witnesses are paid an hourly rate to provide their testimony or other services.
The fee to retain the expert witness is paid for by the parent who seeks their testimony. Expert witness fees can be costly, and typically the court will order any fees to be paid by both parents.
Document Copying and Printing Costs
Document copying and printing fees are usually separate from the attorney fees, court fees, and other costs associated with the child custody case. Copying and printing fees may vary depending on the specific case and the amount of paperwork involved. If the court orders copies to be printed for each party, the parent may be responsible to pay the copying printing fee.
Understanding Who Pays Attorney Fees in Child Custody Cases
Custody cases are affected by many factors, including who pays attorney fees in child custody cases. It is important to consult an experienced attorney to find out who will be responsible for paying the legal fees involved in a child custody case.
Contact a family law attorney today to get the answers you need to make an informed decision for your case.
Browse our blog for more helpful reads like this!
