Child Custody Lawyer Fees Explained
While every child custody lawyer has a different way of billing for their services, there are a few factors that they will all take into account when determining payments. Court and administrative fees. Making applications to the court such as divorce filings, restraining orders, custody arrangements and so forth may involve one-off fees of up to $200. Lawyer services and fees. Most lawyers will charge anywhere from $250 to $600 per hour of their time, with some more experienced or specialist attorneys costing upward of $800 per hour. Some work on a contingency basis , while others may require lump-sum payments in advance. Fees, whether hourly or otherwise, will vary depending on the state, the practice, and the attorney. That’s why it’s important to always confirm the exact cost before retaining an attorney for a child custody case.
The above is just a small dowry of the potential legal costs involved in a child custody case. Regardless, it is safe to say that these costs can put huge financial strain on the parties involved.
Pro Bono Child Custody Lawyer Services
Additionally, many non-profit community organizations and law schools offer pro bono legal services to families involved in custody disputes. These services are generally provided by law students under the close supervision of licensed attorneys. Pro bono support often extends to the preparation of necessary court paperwork, organization of evidentiary material, and even attendance at custody hearings. Programs such as these are invaluable for lower-income parents who cannot otherwise procure legal representation.
Legal Aid and Other Affordable Options
For those who cannot afford legal representation, there may be options to receive aid or assistance in legal matters. For example, the Legal Aid Society of Maryland administers a range of civil legal services to Marylanders. However, the Society only accepts certain types of cases. Free legal services are generally provided to low-income persons in civil cases or certain criminal matters, pending the availability of funds and/or employee resources, according to income eligibility guidelines. LawHelpMD is an online resource designed to assist Maryland residents seeking assistance with civil (non-criminal) legal matters. This website is a program of the Maryland Legal Services Corporation and is an initiative of the Maryland Access to Justice Commission. LawHelpMD is a free website that helps individuals identify the legal resources available to them in their communities. Its mission is to inform, connect, and empower individuals with civil legal needs.
Help with Legal Costs
Many parents involved in custody cases feel that they could benefit from legal representation but simply do not have the funds to pay for their lawyer’s services. Although there are limited possibilities for financial assistance, resources do exist, and even some custody case meditations and investigations may provide their services free of charge if you are in a low income tax bracket. Financial assistance for custody case representation takes the form of law school clinics, pro bono services (in which the attorney provides his or her services for free), and grants or low cost loans. Parents should check with their local bar association to determine the availability of these services in their area, and parental rights advocates may be able to provide recommendations for free legal services as well. In addition, many law schools operate clinics in which their students work under the supervision of licensed attorneys to serve indigent clients. Investigators used by lawyers in custody cases typically bill at the same rate that private investigators use in any other situation, and cannot be expected to work for discount rates or accept payment plans to allow parents to finance reconstruction reports over a period of months. However, psychologists, custodial evaluators, and other professionals who charge parents directly for their services may have more flexibility in offering financial assistance. Getting custody arrangements right is a complex undertaking. While financial assistance may not be available for all parents, enough options exist that parents should at least investigate their possibilities. Without the help of professionals, representing yourself in a custody modification case is considerably more difficult than doing so in a divorce case.
Attorney Payment Plans and Discounts
Many attorneys offer payment plans, advancing the option to pay attorney fees and costs on a more manageable monthly basis rather than in one lump sum. Further, some lawyers will offer a sliding scale fee based on the client’s income and ability to pay . In any of these situations, be sure to discuss the options with your attorney up-front, and make sure to get a written agreement confirming the terms of your fees. Often times the terms will require a retainer fee, or advance that they will draw against on an hourly basis. Staying on top of billing can help you avoid any surprise bills or misunderstandings at the end of your case.
Mediation for Child Custody as a Budget-Friendly Option
Custody mediation serves to resolve all disputes in an inexpensive way without the need for hearings in Court. While many parents understandably want to have a day in Court and "tell the Judge how it is" and "lay their case out in the facts and evidence," the truth is that in most cases, once all of the facts are reviewed and the attorney sitting as the mediator has all parties clear on all the allegations, defenses and Counterclaims, the facts speak for themselves and a good result is reached in a couple of hours without the need for witnesses or the significantly higher costs associated with Court hearings and trials.
I am absolutely convinced that no one should have to go through the torture of a highly adversarial contested custody proceeding in Court. Even when there is a result that one side is very happy with, there is no winner. There is only a terrible situation of animosity, distrust, low spirits and pain that will last in most cases for years. In this day and age, when we long ago advanced from sending people off to the gallows and witch trials in the Middle Ages, there is no reason to pit good parents against each other.
Further, Closing on a great settlement or even a not so great one after the extreme amount of time, money and effort spent litigating custody proceedings in Court is deemed a "victory." In fact, most lawyers know that once a case is settled after so many years of blood, sweat and tears, the parties just want to move on and not risk further expense and time, even at the expense of 10s of thousands of dollars flowing from their pockets. It is the nature of what happens in cases these days.
We estimate that if you spend about 1 hour mediating the straightforward issue of parenting time with the other parent and attorneys present, you will likely save over $1,500 -$2,000 in attorney fees. If the parenting issues are more complicated or are strained, that number can be far higher. The bottom line is that mediation with all parties and attorneys present is not only the best way to resolve custody cases in the best interests of the children, but is also far better for your pocketbook.
Raising Money for Legal Costs
Crowdfunding is another way to help fund legal expenses. Essentially, a crowdfunding campaign allows you to ask for financial assistance from your family and loved ones, friends, peers and more. To do this, many people create an account on websites like GoFundMe or Fundly. Once you launch your fund, you can share it with others via social media and email. Some tips for a successful crowdfunding campaign include:
- Set a realistic goal . No one wants to give to an unrealistic cause.
- Promote your fund on social media. Use Facebook, Twitter, Instagram and similar platforms to reach out to everyone you know.
- Reach out directly. Whether you reach out to family, friends or colleagues – ask for their help! Tailor your message to anyone who will listen (and is in a position to help you cover your custody-related legal expenses), but always make sure to clearly mention the purpose of your fund.