Child Custody Attorneys
What is child custody?
When parents go their separate ways – whether in a divorce, legal separation, or splitting up after never being married in the first place – a legal agreement needs to be reached to determine custody of the children. Child custody has two main elements:
- Legal custody: the power to make decisions about the child’s healthcare, education, spirituality, and so on.
- Physical custody: which parent the children will physically reside with and for how much time.
The most common arrangement in divorces and separations is for both parents to maintain legal custody, while one parent has primary physical custody and the other has a limited amount of visitation. However, a variety of different custody arrangements can be reached, depending on the circumstances, the applicable state laws, and the interests of the child.
How can an attorney help with child custody matters?
When the separating parents are amicable and can work things out between them, an attorney’s primary role is often to ensure that the plan they work out complies with state law. Family law judges show a fair amount of deference to a mutual agreement if it doesn’t run afoul of any legal standards, so an attorney who is familiar with those standards can do a great deal to make the process of deciding child custody much smoother.
If custody is more contentious, the attorney’s job is to represent one parent’s interests and help reach a resolution that meet their needs. That might involve gathering evidence that shows the parent’s interests and the child’s interests are aligned, acting as a go-between for parents who can’t communicate well with each other, and negotiating a settlement with the other parent’s attorney. If necessary, it also includes preparing a case to go to trial and representing the parent in family court.
In both more and less contentious divorces, experienced child custody attorneys can help their clients take a longer, bigger-picture view on one of the most traumatic moments in their lives. It’s common for parents to become fixated on short-term thinking and come to an agreement that will have to be modified later, requiring more cost and potentially more conflict between the parents. An effective attorney who has handled numerous child custody cases can help their clients see the bigger picture and help them find the optimal outcome for their families.
How much does a child custody attorney cost?
Most child custody matters are handled on an hourly fee basis, with rates ranging from $85 to $400 or more per hour depending on the attorney’s experience and expertise. Some attorneys may charge a flat fee for routine matters, such as simply reviewing a custody agreement that the parents have already written, but most complex custody matters require an hourly fee or retainer.
How do I choose the right child custody attorney?
As with any other family law matter, your choice of an attorney for a child custody matter depends somewhat on how you’re trying to approach the situation. If you are on amicable terms with your co-parent, an attorney who takes a collaborative, conciliatory approach may be the right choice; if the situation is more contentious, a lawyer with a more aggressive style may be more effective. Your attorney’s style and approach should match up with your goals and interests.
In any child custody matter, though, you’re going to have some tough conversations with your attorney about intimate details of your family life, so it’s critical to find someone you can communicate with effectively. That’s what makes the initial consultation so important.
The way your child custody case is resolved can have huge implications for your family, so it’s worth your while to meet with an experienced attorney in your area and see if they can help.
