Budgeting for a Custody Battle

The Real Numbers Nobody Tells You

Custody cases are expensive. Not knowing the costs upfront leads to mid-case panic when the money runs out. Here's the honest breakdown.

Cost Breakdown

Attorney Fees

• Retainer: $2,500–$10,000 upfront (a deposit against future work)
• Hourly rate: $150–$500/hour depending on region and experience
• Typical contested case: $10,000–$50,000+ from filing to resolution
• Uncontested/agreed case: $1,500–$5,000 if both parties agree on terms

Custody Evaluation

• Cost: $3,000–$10,000
• Split: Sometimes 50/50, sometimes allocated by the court based on income
• When needed: Contested cases where parenting capacity is at issue

Guardian Ad Litem

• Cost: $2,000–$5,000
• Split: Usually between the parties
• When needed: When the court wants an independent advocate for the child

Court Filing Fees

• Per motion: $50–$500 depending on the type of filing and jurisdiction
• Fee waivers: Available if your income is below the threshold (ask the clerk)

Mediation

• Private mediator: $100–$300/hour (sessions are typically 2–4 hours)
• Court-ordered mediation: Sometimes free or low-cost
• Total: $200–$1,200 per session

Parenting Classes

• Online: $25–$100
• In-person: $30–$150
• Free option: UpToParents.org

Drug/Alcohol Testing (if ordered)

• Per test: $25–$100
• Hair follicle: $100–$200
• Ongoing monitoring: $100–$500/month

Hidden Costs

• Missed work: $200–$500+ per court appearance
• Childcare during hearings
• Document copying and notarization
• Parking and transportation to court
• Supervised visitation: $50–$150/hour
• Psychological evaluation: $500–$2,000

Realistic Total Range

| Case Type | Estimated Cost | |---|---| | Simple, agreed | $1,500–$5,000 | | Moderately contested | $5,000–$15,000 | | Highly contested with evaluation | $15,000–$50,000 | | Complex with trial | $50,000–$100,000+ |

How to Prioritize Spending

1. Attorney retainer: This is priority one. Everything else is secondary.
2. Filing fees: Can't proceed without these (apply for a fee waiver if needed).
3. Court-ordered requirements: Parenting classes, evaluations — non-compliance hurts more than the cost.
4. Documentation tools: A co-parenting app ($99/year for OurFamilyWizard) is one of the best investments in your case.

How to Reduce Costs

• Be organized: Attorneys charge for time. Coming prepared to meetings saves hours.
• Limit unnecessary motions: Every motion costs money. Choose your battles.
• Consider mediation: Often faster and cheaper than contested hearings.
• Use free resources: LawHelp.org for legal aid, UpToParents.org for free parenting class.
• Ask about payment plans: Most attorneys will work with you.
• Limited scope representation: Pay for an attorney on specific tasks only.

Emergency Financial Resources

• Dial 211 or visit 211.org for local emergency assistance
• NFCC credit counseling: 1-800-388-2227
• Explore whether you qualify for legal aid: LawHelp.org

Next Steps

1. Create a custody case budget using the numbers above
2. Identify your available funds and set aside what you can
3. Ask attorneys about payment plans during consultations
4. Apply for fee waivers for court filing fees
5. Track every expense — some may be reimbursable if the court orders the other party to contribute