Child custody lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What child custody lawyer is

A custody lawyer provides information about parenting time and decision making arrangements and may represent a parent in negotiation or court. Parents look for one when separating, when an existing plan no longer works, or when the other parent has filed a case. General information only, no outcome promised.

Signs you need it

  • You and the other parent cannot agree on where the child lives or on a schedule
  • The other parent has filed for custody or parenting time and you have been served
  • An existing parenting plan no longer fits because of a move, a new job or the child's needs
  • A parent is denying scheduled time or not following the plan
  • You want a written parenting plan before a separation takes effect
  • You are concerned about the child's safety during the other parent's time

What the pro does

  • Review the family situation, the child's routine and any existing orders
  • Explain the difference between decision making and parenting time in your state's terms
  • Draft or respond to petitions and parenting plan proposals
  • Gather records such as schedules, school information and communications
  • Negotiate with the other parent or their lawyer, or represent you at hearings
  • Explain what the final order requires from each parent

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Whether the parents agree or dispute the schedule
  • The number of hearings, conferences or trial days
  • Whether a custody evaluator, guardian ad litem or other professional is involved
  • Whether the case involves a move to a different state or country
  • How many records and witnesses must be organized
  • Whether mediation is required before court
  • Whether there is an existing order that must be changed

What a written quote should spell out

  • The billing method and retainer terms
  • Which tasks are covered, such as filing, mediation attendance and hearings
  • Costs billed separately, such as evaluator fees and court fees
  • What happens if the case goes to trial
  • How the lawyer will communicate with you during the case

Questions to ask before you hire

  • How often do you handle parenting cases in this court?
  • How do you explain the parenting plan options to a parent?
  • Is mediation required here before a hearing?
  • What records should I keep, such as calendars and messages?
  • How do you handle a case where the other parent does not follow the order?
  • What should I avoid doing or saying while the case is pending?

Red flags

  • A lawyer who promises you will get a particular schedule
  • Advice to withhold the child from the other parent without a court order
  • No clear written fee agreement
  • A lawyer who dismisses mediation or settlement without explaining why

What you can do yourself

You can keep a calendar of parenting time, save messages with the other parent, gather school and medical records, and review your court's self help center. Speak with a licensed attorney before filing, before changing a schedule that a court has ordered, and if there are safety concerns for you or the child.

Licenses and permits

Custody lawyers must be licensed attorneys in good standing. Check their license with the state bar.

Child custody lawyer questions

Will a lawyer tell me what I will get?

No. A lawyer can explain how courts approach parenting issues in general but cannot promise a specific result.

Can I change the schedule on my own?

If a court order exists, it stays in effect until the court changes it. Ask a licensed attorney before departing from it.

What should I keep as records?

A calendar of exchanges and missed time, written communication with the other parent, and school and medical documents.

Is mediation the same as going to court?

No. In mediation a neutral person helps both parents reach an agreement. A court then reviews it.

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