Although most parents frown at the very idea of placing a price on child custody, the fact remains that budgeting is an important aspect of every legal matter. That’s particularly so with child custody proceedings which can be very costly. To remain in control of your family law case, and your finances, keep the following factors in mind:
- Child custody attorney’s experience
- Children’s ages, special needs, or disabilities
- Parents’ relationship and parenting agreements
- Trials and Alternative dispute resolution (ADR)
Briefly, we’ll take a look at each of these.
Child Custody Attorney’s Experience
When deciding child custody, the family court will consider many factors to determine what is in the best interests of the child (parental income and education, who is the primary caregiver, substance abuse problems, and so on). Many professionals may be involved to assist the parents and the court, including mediators, child custody evaluators, and parenting coordinators. These services must be paid for. The judge may order the parents to share the expense, sometimes thousands of dollars, or may order one party to pay the entire cost. (In some parts of the country, the services of a child custody evaluator may cost over $10,000.) Among other things, an experienced child custody lawyer can anticipate the costs involved and guide the client toward and through procedures that may save money, while avoiding unnecessary expenditures on processes that are unlikely to help resolve disputed issues.
Children’s Ages, Special Needs or Disabilities
Babies, preschoolers, grade-schoolers, tweens, teenagers – depending upon the children’s ages and developmental levels, what is in their best interests will vary substantially. A disabled child or special needs child usually requires independent analysis by a health professional because the court and the parents need to know the child’s current requirements and project two, five, or 10 years into the future for ongoing educational support, therapy, medication, and health care.
Parents’ Relationship and Parenting Agreements
Parents who cooperate in making child custody decisions can shorten the court process which, in turn, usually saves money for them both. Maintaining a reasonably amicable relationship with the other parent, for the children’s sake, may result in a negotiated custody agreement that the court could approve without the time and expense of a child custody trial. If the parties agree on a parenting time schedule, for example, then the attorneys need not litigate parenting time at trial. However, if the parties do not arrive at a parenting time schedule, then additional proceedings are scheduled, child care experts are involved, all of which extends the case for weeks or months. For every agreement, an issue is removed from the child custody trial agenda which typically saves the parties money.
Trials and Alternative Dispute Resolution (ADR)
Litigation is the most expensive method of resolving child custody disputes. Custody negotiation, mediation, cooperative divorce, and other ADR methods may reduce attorneys’ fees by avoiding litigation. If the parties cannot agree on some aspect of child custody, such as who will be the primary residential parent, then a trial becomes necessary with the judge ruling on all of the outstanding issues. Child custody cases need not become battlegrounds. Remember that the purpose of these proceedings is to do what is best for the children. The sooner that goal is accomplished, the less the parties are likely to spend on attorneys’ fees, professional services, and court costs. What to do with all the money you saved? Put it in the college fund!
Melissa Bower is a divorce and family law attorney in Peoria, Arizona. Mrs. Bower is a partner with Stewart Law Group. The firm helps clients navigate the legal complexities of divorce, child custody, child support, spousal support, property division, and child relocation disputes.
