How Much Does a Child Custody Court Case Cost?

Price Family Law
Denver Family Law Attorney

There is no gentle way to approach the topic of getting divorced — it will be expensive. Even if you and your soon-to-be ex-spouse agree on every detail about your post-divorce life, just the cost of hiring lawyers to handle the paperwork and court proceedings can be a few thousand dollars. And that is the best-case scenario.

Every complication increases the cost of getting divorced. If you have children, expect that cost to increase significantly, even if you and your ex-spouse agree on every aspect of the divorce. However, what if you don’t agree? When you don’t agree, you will likely end up in court, fighting over every dollar. How much does a child custody court case cost? Unfortunately, there’s no simple answer to that question, but it will likely cost a lot of money.

Court Cases Are Expensive

The least expensive way to get divorced is to hash out all the details of your divorce without the assistance of lawyers. Then, you can hire a lawyer to make sure you didn’t make any mistakes and to help you with the court hearing. While your lawyer and the court fees will still cost a few thousand dollars, that is a reasonably low cost for a divorce.

Unfortunately, as soon as you need to involve the court in resolving disputes with your spouse, the costs will skyrocket. Attorneys are usually paid by the hour, and it often takes dozens, if not hundreds, of hours to resolve significant disputes.

Divorces that involve child custody are particularly complicated. In these cases, there are effectively three sides: you, your spouse, and your children. According to child custody laws, the court needs to act in the best interests of the children, meaning it will look at factors like:

  • Past instances of domestic violence or sexual abuse
  • Time constraints of the parents
  • Living conditions of the parents after the divorce
  • Emotional, physical, and educational needs of the children
  • The parents’ ability (or lack thereof) to jointly make decisions for their children.

These factors are weighed based on evidence presented by lawyers for both sides. It can take weeks or even months for a judge to parse the evidence in some cases. Every hour spent in the courtroom or preparing for the case outside the courtroom increases the cost of the child custody case.

Judges in a child custody court case will always act in the best interests of the children.

Lowering the Cost of a Child Custody Court Case

The best way to lower the cost of a child custody court case is to prevent the case from being disputed in court. Just because you and your spouse can’t agree to the terms of the divorce doesn’t necessarily mean you need to let a judge resolve your case. Arbitration or mediation may present a less expensive solution. These are methods where a third party helps you (and your attorneys) negotiate solutions to any disagreements. If you can successfully resolve all disputes using these methods before you file for divorce, any court proceedings should be quick.

The judge in your case still needs to confirm that your agreement is in the best interests of your children. But if you are cooperating, the judge will typically look kindly on that agreement and approve it (especially if both attorneys involved support the results of the negotiations).

Arbitration and mediation are not free. At minimum, they typically cost a few thousand dollars. However, if these methods are successful, the amount you spend will cost considerably less than if you take your case to court.

Getting a divorce? Have children? The cost to determine child custody could break the bank if you and your spouse can’t come to a reasonable compromise. Contact Price Family Law at 720-615-1750 to get help keeping that cost low.

How Child Custody Is Related to Child Support

How much does a child custody court case cost? In the worst-case scenario, if the case turns out poorly, it will probably cost you tens of thousands of dollars for the next decade or more. While every case is different, child support is often partially based on child custody.

In most cases, one parent will gain primary custody of their children. The other parent usually will be required by the court to pay child support to the custodial parent. This compensation prevents the custodial parent from being responsible for the lion’s share of all child-related expenses.

Many noncustodial parents see child support as an extra cost associated with not being assigned the role of the custodial parent. However, this ideal is a bit misleading. Custodial parents are directly responsible for almost all costs their children incur. Child support reimburses them for a portion of those costs, hopefully commensurate with the income ratio between both parents.

In reality, unless a judge orders very generous child support (or both parents agree to very generous child support), the larger financial burden usually falls on the custodial parent.

Costs to Consider in a Child Custody Case

There are many costs involved in a child custody case. Some of them are obvious, and some may be surprising.

Attorney Fees

Your attorney will typically cost a couple hundred dollars per hour. You will also be responsible for fees like court costs and hiring an investigator. If the case goes to law, both you and your spouse will have to independently pay your lawyers. You can split the court costs, but those are likely some of the lowest costs involved with hiring a lawyer.

Housing

You and your ex-spouse won’t live in the same house after the divorce. Therefore, at least one of you will need to purchase or rent a home capable of housing all your children. That is a significant cost because, even if one parent maintains the previous home, the other needs a roughly equivalent home. Housing costs for both parents will effectively double in most cases. This cost usually falls on both individuals, whether you have primary custody or not. Consider this requirement when planning your post-divorce budget.

Contact Child Custody Lawyers in Colorado Today

Determining child custody arrangements is often one of the biggest conflicts when parents get divorced. Typically, both parents want to spend as much time as possible with their children. The costs involved in fighting for child custody in a courtroom can be quite extensive. The lawyers at Price Family Law will work with you to keep those costs as low as possible.

About to get divorced in Colorado? Want to keep your children as close as possible? Contact our law firm at 720-615-1750 to schedule a free consultation with family law attorneys who will fight for your priorities.

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    Attorney Trista Price

    Trista McElhaney Price is a founding partner at Price Family Law, LLC. She specializes in high-asset divorce cases and legal matters involving complex business and financial issues as well as complex custody matters involving domestic violence, substance abuse issues, and mental health issues. Read Full Bio.