Find Experienced Child Custody Attorneys in Your Area

Understanding the different types of custody is essential to protecting your parental rights and your children’s well being. This guide explains each type of custody, how they work, and which might be best for your situation.


Why You Need A Custody Attorney

The Stakes Are Too High to Go Alone

Child custody is one of the most important legal matters you’ll ever face. The outcome affects your relationship with your children for years—potentially their entire childhood.

The Reality of Custody Cases:

  • Laws are complex and vary by state – What applies in California differs from Texas
  • Courts have specific procedures – Missing deadlines or filing incorrectly can doom your case
  • Evidence must be presented properly – Knowing what evidence matters and how to introduce it
  • The other parent likely has an attorney – Putting you at severe disadvantage
  • Judges expect legal knowledge – Pro se litigants struggle with courtroom procedures
  • Mistakes are costly – Errors can result in losing custody or parenting time
  • Emotions cloud judgment – An attorney provides objective strategy

When You ABSOLUTELY Need an Attorney:

Critical Situations:

  1. Contested Custody
    • Other parent disagrees with your proposals
    • Heading to trial
    • Complex parenting arrangements
  2. Safety Concerns
    • Domestic violence allegations
    • Child abuse or neglect
    • Substance abuse issues
    • Mental health concerns
  3. Relocation/Move-Away
    • You want to move with child
    • Other parent wants to relocate
    • Interstate custody issues
  4. High-Conflict Situations
    • Cannot communicate with other parent
    • History of litigation
    • Parental alienation concerns
    • False allegations
  5. Complex Circumstances
    • Multiple children with different needs
    • Special needs children
    • Mental health issues
    • Prior CPS involvement
    • Criminal history (yours or other parent’s)
  6. Modification or Enforcement
    • Changing existing custody order
    • Other parent violating court orders
    • Significant change in circumstances
  7. Other Parent Has Attorney
    • Never face represented party alone
    • Massive disadvantage without counsel
    • Attorney knows how to exploit pro se litigants

What an Attorney Brings to Your Case:

Legal Expertise:

  • ✓ Deep knowledge of state custody laws
  • ✓ Understanding of local court procedures
  • ✓ Familiarity with judges’ tendencies
  • ✓ Experience with similar cases
  • ✓ Knowledge of custody factors and how to prove them

Strategic Advantage:

  • ✓ Develops comprehensive case strategy
  • ✓ Identifies your strengths and weaknesses
  • ✓ Anticipates other parent’s arguments
  • ✓ Knows which evidence is most persuasive
  • ✓ Plans for various scenarios

Procedural Competence:

  • ✓ Files all documents correctly and on time
  • ✓ Follows court rules and local procedures
  • ✓ Schedules hearings appropriately
  • ✓ Handles service of process
  • ✓ Manages discovery properly

Evidence Gathering:

  • ✓ Knows what evidence to collect
  • ✓ How to obtain documents legally
  • ✓ Subpoenas witnesses and records
  • ✓ Presents evidence effectively
  • ✓ Excludes damaging evidence when possible

Courtroom Skills:

  • ✓ Experienced in trial advocacy
  • ✓ Effective questioning techniques
  • ✓ Compelling opening and closing statements
  • ✓ Proper objections
  • ✓ Impeachment of witnesses

Negotiation Ability:

  • ✓ Skilled at settlement negotiations
  • ✓ Protects your interests in mediation
  • ✓ Knows what agreements are reasonable
  • ✓ Drafts enforceable settlement terms

Emotional Buffer:

  • ✓ Provides objective perspective
  • ✓ Prevents emotion-driven decisions
  • ✓ Communicates with other parent’s attorney
  • ✓ Shields you from direct conflict
  • ✓ Keeps focus on child’s best interests

Better Outcomes:

  • ✓ Studies show represented parties get better results
  • ✓ Higher success rates in contested cases
  • ✓ More favorable custody arrangements
  • ✓ Fewer costly mistakes
  • ✓ Stronger, more enforceable orders

The Cost of NOT Having an Attorney:

Potential Consequences:

Lost Custody or Parenting Time:

  • Unfavorable custody determination
  • Less time with your children
  • Restrictive visitation schedule
  • Years of limited relationship with kids

Procedural Mistakes:

  • Missed deadlines (case dismissed)
  • Improper filings (motions denied)
  • Inadmissible evidence (can’t use key proof)
  • Waived rights (can’t raise issues later)

Poor Presentation:

  • Evidence not presented effectively
  • Inability to cross-examine witnesses
  • Missed opportunities to rebut allegations
  • Judge frustrated with your incompetence

Tactical Errors:

  • Agreeing to bad settlement
  • Not requesting important provisions
  • Failing to object to inappropriate evidence
  • Accepting vague or unenforceable terms

Financial:

  • May end up hiring attorney mid-case (more expensive)
  • Higher child support due to custody outcome
  • Future modification costs to fix problems
  • Legal fees if you lose and must appeal

Emotional:

  • Stress of navigating alone
  • Anxiety about making mistakes
  • Frustration with process
  • Trauma of courtroom experience unprepared

Relationship with Children:

  • Lasting damage to parent-child bond
  • Years of reduced parenting time
  • Missing critical developmental stages
  • Difficult to modify once order is entered

Don’t Risk Your Parental Rights

Custody cases are too important to handle alone. Connect with an experienced custody attorney who can protect your rights and fight for your children.

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What Custody Attorneys do

Understanding Their Role in Your Case

A custody attorney’s job goes far beyond appearing in court. Here’s what they do throughout your case:

Initial Phase: Case Assessment

Free Consultation:

  • Reviews your situation
  • Identifies key issues
  • Assesses strengths and weaknesses
  • Explains applicable laws
  • Discusses realistic outcomes
  • Estimates costs and timeline
  • Answers your questions

Case Strategy Development:

  • Analyzes state custody factors
  • Determines custody type to pursue
  • Plans evidence gathering
  • Identifies necessary witnesses
  • Develops timeline and approach
  • Anticipates other parent’s strategy

Pre-Filing Phase

Evidence Collection:

  • Advises what documents to gather
  • Helps organize evidence
  • Obtains records (medical, school, etc.)
  • Identifies witnesses
  • Preserves electronic evidence
  • Photographs/videos if relevant

Settlement Attempts:

  • Negotiates with other parent or their attorney
  • Explores settlement possibilities
  • Drafts proposed parenting plans
  • Participates in mediation
  • Protects your interests in negotiations

Document Preparation:

  • Prepares custody petition or response
  • Drafts declarations/affidavits
  • Completes financial declarations
  • Prepares proposed parenting plan
  • Creates child support calculations
  • Ensures all forms properly completed

Filing and Service Phase

Court Filings:

  • Files petition with appropriate court
  • Ensures proper venue and jurisdiction
  • Files all supporting documents
  • Pays filing fees (or requests waiver)
  • Obtains case number and hearing dates

Service of Process:

  • Arranges proper service on other parent
  • Hires process server
  • Files proof of service
  • Ensures legal requirements met
  • Addresses service problems if they arise

Temporary Orders Phase

Emergency Relief:

  • Files emergency motions if needed
  • Requests temporary custody orders
  • Requests restraining orders if appropriate
  • Prepares for expedited hearings

Temporary Hearings:

  • Prepares declarations supporting temporary orders
  • Gathers evidence for hearing
  • Represents you at temporary orders hearing
  • Argues for your proposed arrangements
  • Cross-examines other parent
  • Obtains temporary custody order

Discovery Phase

Information Gathering:

  • Propounds discovery requests:
    • Interrogatories (written questions)
    • Document requests
    • Requests for admissions
  • Subpoenas third-party records
  • Schedules and conducts depositions
  • Reviews other parent’s responses

Responding to Discovery:

  • Prepares your responses to discovery
  • Gathers requested documents
  • Objects to improper requests
  • Ensures timely responses
  • Protects privileged information

Discovery Enforcement:

  • Files motions to compel if other parent doesn’t respond
  • Requests sanctions for discovery violations
  • Fights improper discovery from other side

Mandatory Programs Phase

Mediation:

  • Prepares you for mediation
  • Attends mediation with you
  • Advises during negotiations
  • Reviews proposed agreements
  • Protects against unfavorable terms
  • Drafts settlement if reached

Parenting Classes:

  • Ensures you complete required classes
  • Obtains certificates for court
  • Meets all program requirements

Custody Evaluation Phase (if ordered)

Evaluation Preparation:

  • Explains evaluation process
  • Prepares you for evaluator interviews
  • Advises on psychological testing
  • Helps prepare your home for visits
  • Identifies strong references
  • Reviews intake paperwork

Evaluation Participation:

  • Coordinates with evaluator
  • Ensures you meet all requirements
  • Provides requested documents
  • Submits reference list
  • Monitors evaluation progress

Evaluation Response:

  • Reviews evaluation report
  • Identifies errors or concerns
  • Prepares to cross-examine evaluator
  • Considers rebuttal expert if needed
  • Uses favorable findings strategically

Settlement Phase (ongoing throughout)

Negotiation:

  • Makes settlement proposals
  • Responds to other parent’s proposals
  • Facilitates compromise
  • Evaluates offers objectively
  • Advises on settlement vs. trial risks

Settlement Conferences:

  • Attends court-ordered settlement conferences
  • Presents your position
  • Negotiates terms
  • Drafts settlement agreement if reached

Agreement Drafting:

  • Prepares detailed settlement agreement
  • Ensures all issues addressed
  • Creates enforceable language
  • Reviews with you before signing
  • Submits to court for approval

Trial Preparation Phase

Evidence Organization:

  • Organizes all exhibits
  • Prepares exhibit binders
  • Ensures exhibits admissible
  • Creates demonstrative aids if helpful

Witness Preparation:

  • Identifies witnesses to call
  • Prepares witness list
  • Subpoenas witnesses
  • Prepares witnesses for testimony
  • Conducts practice sessions

Your Preparation:

  • Prepares you for direct examination
  • Practices direct testimony
  • Prepares for cross-examination
  • Conducts mock cross-examination
  • Reviews case strategy

Legal Briefing:

  • Researches legal issues
  • Prepares trial brief
  • Cites relevant case law
  • Argues legal standards
  • Submits pre-trial memorandum

Pre-Trial Motions:

  • Files motions in limine (exclude evidence)
  • Opposes other parent’s motions
  • Argues motions before trial
  • Preserves issues for appeal

Trial Phase

Trial Advocacy:

  • Delivers opening statement
  • Examines witnesses:
    • Direct examination of you
    • Direct examination of your witnesses
    • Cross-examination of other parent
    • Cross-examination of their witnesses
  • Introduces exhibits
  • Makes objections to improper evidence
  • Responds to other attorney’s objections
  • Delivers closing argument

Trial Management:

  • Manages courtroom logistics
  • Coordinates witness schedules
  • Responds to unexpected developments
  • Makes real-time strategic decisions
  • Adapts to judge’s reactions

Post-Trial Phase

Judgment Phase:

  • Submits proposed order
  • Reviews other parent’s proposed order
  • Objects to inaccurate provisions
  • Ensures final order matches decision
  • Obtains signed order

Post-Judgment Motions:

  • Files motion for reconsideration if appropriate
  • Argues for clarification if order unclear
  • Requests modification of specific provisions
  • Files notice of appeal if warranted

Post-Order Phase

Compliance:

  • Advises on order interpretation
  • Helps implement custody schedule
  • Addresses compliance questions
  • Reviews communications with other parent

Enforcement:

  • Files contempt motions if other parent violates
  • Prepares enforcement evidence
  • Represents at contempt hearings
  • Requests sanctions or remedies

Modification:

  • Advises when modification appropriate
  • Gathers evidence of changed circumstances
  • Files modification motion
  • Litigates modification case

Appeals:

  • Analyzes appeal prospects
  • Files notice of appeal
  • Prepares appellate briefs
  • Presents oral argument
  • Handles appellate process

Throughout the Entire Case:

Communication:

  • Regular updates on case status
  • Explains legal developments
  • Answers questions promptly
  • Returns calls/emails
  • Keeps you informed

Support:

  • Provides emotional support (within professional boundaries)
  • Reality checks on expectations
  • Helps manage stress
  • Refers to therapists/counselors if needed
  • Advocates for your interests

Advocacy:

  • Zealously represents you within ethical bounds
  • Protects your parental rights
  • Fights for best outcome
  • Never gives up on your case

Experienced Attorneys Handle Everything

From filing to final order, a custody attorney manages every aspect of your case so you can focus on your children.

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Types of Custody Attorneys

Finding the Right Specialist for Your Case

Not all family law attorneys are created equal. Custody cases require specific expertise.

Family Law Attorney (General)

What They Do:

  • Handle all family law matters
  • Divorce, custody, support, property division
  • Broad family law knowledge
  • Handle custody as part of divorce

Best For:

  • Custody within divorce case
  • Straightforward custody situations
  • General family law needs
  • Initial consultations

Pros:

  • ✓ One-stop shop for all family law issues
  • ✓ Can handle divorce and custody together
  • ✓ Widely available
  • ✓ Usually more affordable

Cons:

  • ✗ May not specialize deeply in custody
  • ✗ Divides attention among many practice areas
  • ✗ Less experience with complex custody issues

Custody Specialist

What They Do:

  • Focus primarily on custody cases
  • Deep expertise in custody laws
  • Extensive custody trial experience
  • Handle complex custody litigation

Best For:

  • Contested custody cases
  • High-conflict situations
  • Complex custody issues
  • Cases going to trial
  • Custody evaluations
  • Relocation disputes

Pros:

  • ✓ Deep custody expertise
  • ✓ Extensive trial experience
  • ✓ Knows custody factors intimately
  • ✓ Handles complex cases effectively
  • ✓ Strong courtroom skills

Cons:

  • ✗ May cost more
  • ✗ Less available in rural areas
  • ✗ May not handle other family law issues

Fathers’ Rights Attorney

What They Do:

  • Focus on representing fathers
  • Combat bias against fathers
  • Advocate for equal parenting rights
  • Experience with fathers’ unique challenges

Best For:

  • Fathers seeking custody or equal time
  • Overcoming bias perceptions
  • Establishing paternity and rights
  • Unmarried fathers

Pros:

  • ✓ Understand fathers’ specific concerns
  • ✓ Experienced fighting bias
  • ✓ Passionate advocates for father involvement
  • ✓ Specialized strategies for fathers

Cons:

  • ✗ Limited to representing fathers
  • ✗ May be perceived as having agenda
  • ✗ Not available everywhere

Note: Many general custody attorneys effectively represent fathers. “Fathers’ rights” specialty not always necessary.

Domestic Violence / High-Conflict Attorney

What They Do:

  • Specialize in DV-related custody
  • Obtain protective orders
  • Handle cases with abuse allegations
  • Navigate high-conflict situations

Best For:

  • Domestic violence victim
  • Abuse allegations
  • Safety concerns
  • Protective order needs
  • High-conflict personality disorders

Pros:

  • ✓ Understand trauma dynamics
  • ✓ Experienced with protective orders
  • ✓ Know how to present DV evidence
  • ✓ Sensitive to safety concerns

Cons:

  • ✗ Emotionally difficult cases
  • ✗ May cost more
  • ✗ Requires specific expertise

Appellate Attorney

What They Do:

  • Handle appeals of custody orders
  • Specialize in appellate law
  • Write appellate briefs
  • Present oral arguments to appellate courts

Best For:

  • Appealing unfavorable custody order
  • Trial judge made legal error
  • Need higher court review

Pros:

  • ✓ Specialized appellate expertise
  • ✓ Excellent legal writers
  • ✓ Know appellate standards
  • ✓ Experience with appellate courts

Cons:

  • ✗ Don’t handle trial court cases
  • ✗ Expensive
  • ✗ Limited scope (appeals only)

Note: Often hire appellate specialist after trial attorney handled trial court case.

Collaborative Family Law Attorney

What They Do:

  • Practice collaborative law
  • Commitment to settle without court
  • Team-based approach
  • Interest-based negotiation

Best For:

  • Both parents want to avoid court
  • Willing to work cooperatively
  • Want creative solutions
  • Prioritize co-parenting relationship

Pros:

  • ✓ Less adversarial process
  • ✓ More control over outcome
  • ✓ Better for co-parenting relationship
  • ✓ Often faster and less expensive

Cons:

  • ✗ Requires both parents’ cooperation
  • ✗ Must hire new attorney if goes to court
  • ✗ Doesn’t work for high-conflict cases
  • ✗ Limited availability

Mediation Attorney

What They Do:

  • Serve as neutral mediators
  • Facilitate settlement discussions
  • Draft settlement agreements
  • Don’t represent either party

Best For:

  • When both parents willing to negotiate
  • Need neutral facilitator
  • Want to settle without litigation

Pros:

  • ✓ Neutral and impartial
  • ✓ Cost-effective
  • ✓ Faster resolution
  • ✓ Parents control outcome

Cons:

  • ✗ Doesn’t represent you
  • ✗ Can’t give you legal advice
  • ✗ Can’t advocate for your position
  • ✗ Still may need attorney to review agreement

Note: Mediators don’t replace your attorney. You should have your own attorney review any mediated agreement.

What to Look for in Any Custody Attorney:

Essential Qualifications:

Licensed in Your State:

  • Must be admitted to practice in your state
  • Check state bar website for standing
  • No discipline history

Family Law Focus:

  • Significant portion of practice is family law
  • Not general practitioner dabbling in family law
  • Dedicated family law attorney

Custody Experience:

  • Handled numerous custody cases
  • Experience with contested custody
  • Trial experience (if case may go to trial)
  • Familiar with custody evaluations

Local Court Experience:

  • Practices in your county
  • Knows local judges
  • Familiar with local procedures
  • Understands local court culture

Strong Communication:

  • Explains things clearly
  • Returns calls/emails promptly
  • Listens to your concerns
  • Keeps you informed

Reasonable Fees:

  • Clear fee structure
  • Written fee agreement
  • Within your budget
  • No surprise charges

Good Reputation:

  • Positive reviews
  • Professional standing
  • Respected by peers and judges
  • Ethical practice

Find the Right Attorney for Your Case

Whether you need a custody specialist, fathers’ rights attorney, or domestic violence expert, we connect you with qualified attorneys in your area.

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How To Find The Right Attorney

Your Step-by-Step Guide

Finding the right custody attorney takes research and effort, but it’s worth it.

Step 1: Determine What You Need

Assess Your Situation:

Type of Case:

  • ☐ Initial custody determination
  • ☐ Modification of existing order
  • ☐ Enforcement of custody order
  • ☐ Relocation/move-away
  • ☐ Emergency custody
  • ☐ Appeal

Complexity Level:

  • ☐ Straightforward (parents agree on most issues)
  • ☐ Moderate (some disagreements)
  • ☐ Complex (high conflict, multiple issues)
  • ☐ Extreme (DV, abuse allegations, substance abuse)

Budget:

  • $ How much can you afford?
  • $ Do you qualify for legal aid?
  • $ Can you do payment plan?

Urgency:

  • 🕐 How quickly do you need to act?
  • 🕐 Any emergency situation?
  • 🕐 Court deadlines approaching?

Step 2: Find Potential Attorneys

Sources for Finding Attorneys:

1. Our Attorney Directory (Best Option):

  • Pre-screened custody attorneys
  • Licensed in your state
  • Offer free consultations
  • Specialize in custody

2. State Bar Referral Service:

  • Each state bar has referral service
  • Pre-screened for licensure
  • Often first consultation discounted
  • Google “[Your State] bar association lawyer referral”

3. Online Legal Directories:

  • Avvo.com – Reviews, ratings, free consultations
  • Lawyers.com – Find attorneys, read reviews
  • Martindale.com – Peer reviews, ratings
  • FindLaw.com – Attorney directory
  • Justia.com – Free legal information and directory

4. Personal Referrals:

  • Friends/family who’ve been through custody
  • Therapists, counselors
  • Divorce support groups
  • Other attorneys you know

5. Local Bar Association:

  • County bar association directory
  • Specialist sections (family law)
  • “Find a lawyer” tools

6. Court Resources:

  • Self-help center
  • May have attorney lists
  • Local family law practitioners

7. Legal Aid Organizations:

  • If income-qualified
  • Free or low-cost representation
  • Google “[Your State] legal aid”

8. Law School Clinics:

  • Some law schools have family law clinics
  • Supervised law students
  • Free or low-cost
  • Limited availability

Step 3: Research Potential Attorneys

For Each Attorney, Check:

State Bar Website:

  • ☐ Licensed and in good standing?
  • ☐ Any discipline history?
  • ☐ Years in practice?
  • ☐ Specializations/certifications?

Online Reviews:

  • ☐ Google reviews
  • ☐ Avvo rating
  • ☐ Yelp reviews
  • ☐ Facebook reviews
  • ☐ Overall patterns (not just one bad review)

Website:

  • ☐ Professional appearance?
  • ☐ Family law/custody focus?
  • ☐ Educational background?
  • ☐ Experience described?
  • ☐ Clear contact information?

Other Indicators:

  • ☐ Articles or blog posts written?
  • ☐ Speaking engagements?
  • ☐ Professional organizations?
  • ☐ Board certifications?
  • ☐ Peer recognition?

Red Flags:

  • ✗ Discipline history
  • ✗ Numerous very negative reviews
  • ✗ Guarantees specific outcome
  • ✗ Pressure tactics
  • ✗ Unprofessional website/materials
  • ✗ Difficult to reach

Step 4: Schedule Consultations

Best Practices:

Schedule Multiple:

  • Consult with 2-4 attorneys
  • Compare approaches and fees
  • See who you connect with
  • Don’t commit at first meeting

Most Offer Free Initial Consultation:

  • 30-60 minutes
  • No charge
  • No obligation
  • Evaluate fit

Prepare for Consultation:

  • Organize timeline of events
  • Bring relevant documents
  • List questions to ask
  • Know your goals
  • Be honest about everything

Step 5: Evaluate Attorneys

During Consultation, Assess:

Competence:

  • Do they seem knowledgeable?
  • Have they handled similar cases?
  • Do they explain things clearly?
  • Do they inspire confidence?

Communication:

  • Do they listen to you?
  • Answer your questions fully?
  • Explain in understandable terms?
  • Respectful and professional?

Strategy:

  • Do they have plan for your case?
  • Does strategy make sense?
  • Realistic about outcomes?
  • Not making false promises?

Logistics:

  • Fees reasonable and clear?
  • Availability acceptable?
  • Response time expectations clear?
  • Office location convenient?

Personal Fit:

  • Do you feel comfortable?
  • Do you trust them?
  • Do personalities mesh?
  • Will you work well together?

Questions They Should Ask YOU:

  • About your case details
  • Your goals and priorities
  • Your budget
  • Your availability
  • Other parent’s situation

Step 6: Make Your Decision

Compare Your Options:

Create comparison chart:

FactorAttorney 1Attorney 2Attorney 3
Experience
Strategy
Communication
Fees
Availability
Comfort Level

Red Flags – Don’t Hire If:

  • ✗ Guarantees specific outcome
  • ✗ Promises to “destroy” other parent
  • ✗ Seems unethical
  • ✗ Pressure tactics to sign immediately
  • ✗ Won’t answer fee questions clearly
  • ✗ Bad reviews mention trust issues
  • ✗ You don’t feel comfortable

Green Flags – Good Signs:

  • ✓ Realistic about case
  • ✓ Clear communication
  • ✓ Detailed strategy
  • ✓ Reasonable fees
  • ✓ Good reputation
  • ✓ You trust them
  • ✓ They listen to you

Trust Your Gut:

  • Who do you feel most comfortable with?
  • Who inspired most confidence?
  • Who had best plan?
  • Who fits your budget?

Step 7: Hire Your Attorney

Formalize the Relationship:

1. Sign Retainer Agreement:

  • Read entire agreement carefully
  • Understand fee structure
  • Know payment schedule
  • Clarify scope of representation
  • Ask questions about anything unclear

2. Pay Retainer:

  • Initial payment (retainer)
  • Usually $2,500-$10,000
  • Held in trust account
  • Billed against hourly rate

3. Complete Intake:

  • Provide all documents
  • Complete questionnaires
  • Share timeline of events
  • Give contact information

4. Establish Communication:

  • How to reach attorney
  • Response time expectations
  • Preferred communication method
  • Emergency contact procedures

If You Can’t Afford an Attorney:

Options:

1. Legal Aid:

  • Income-based eligibility
  • Free representation
  • Limited availability
  • Apply early (waitlists)

2. Pro Bono Services:

  • Free legal help
  • Volunteer attorneys
  • Through bar associations
  • Limited availability

3. Limited Scope Representation:

  • “Unbundled” services
  • Attorney helps with specific parts
  • You handle rest
  • More affordable
  • Examples:
    • Attorney drafts documents, you file
    • Attorney coaches you for trial
    • Attorney handles hearings only
    • Attorney reviews settlement

4. Payment Plans:

  • Many attorneys offer payment plans
  • Monthly installments
  • More accessible
  • Ask about options

5. Credit Options:

  • Legal fee financing
  • Credit cards
  • Family loans
  • Home equity
  • 401(k) loan

6. Law School Clinics:

  • Law student representation
  • Supervised by professors
  • Free or very low cost
  • Check local law schools

7. Self-Help Resources:

  • Court self-help centers
  • Forms and instructions
  • Legal aid websites
  • Represent yourself (pro se)
  • Not ideal but possible

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Questions To Ask Prospective Attorneys

Your Consultation Checklist

Come prepared with these essential questions:

Experience & Expertise

About Custody Experience:

  1. “How long have you practiced family law?”
    • Look for: At least 3-5 years for straightforward cases; 10+ for complex
  2. “What percentage of your practice is custody cases?”
    • Look for: At least 50% family law, substantial custody focus
  3. “How many custody cases have you handled?”
    • Look for: Dozens at minimum; hundreds is better
  4. “Have you handled cases similar to mine?”
    • Look for: Specific experience with your situation (DV, relocation, etc.)
  5. “How many custody trials have you done?”
    • Look for: Significant trial experience if case may go to trial
  6. “What’s your success rate in custody cases?”
    • Note: Take this with grain of salt; “success” is subjective
    • Look for: Honest answer about outcomes; red flag if claims 100% success
  7. “Are you familiar with [your county] family court?”
    • Look for: Regular practice in your county; knows local judges
  8. “Do you know the judges in family court here?”
    • Look for: Familiarity with judges’ tendencies and preferences

Your Case Specifically

About Your Situation:

  1. “What do you think about my case?”
    • Look for: Honest assessment; identifies strengths and weaknesses
  2. “What are my chances of getting [desired outcome]?”
    • Look for: Realistic answer; red flag if guarantees outcome
  3. “What are the strengths of my case?”
    • Look for: Identifies your strong points
  4. “What are the weaknesses, and how do we address them?”
    • Look for: Honest about challenges; has plan to overcome
  5. “What evidence do I need?”
    • Look for: Specific guidance on evidence gathering
  6. “What’s your strategy for my case?”
    • Look for: Thoughtful plan; not generic response
  7. “What challenges do you anticipate?”
    • Look for: Realistic about obstacles
  8. “How will we prove my case?”
    • Look for: Concrete plan for presenting evidence

Process & Timeline

About What to Expect:

  1. “What’s the likely timeline for my case?”
    • Look for: Realistic estimate based on local court
  2. “What are the main steps in the process?”
    • Look for: Clear explanation of process
  3. “Will my case go to trial?”
    • Look for: Honest assessment; most cases settle
  4. “What’s the settlement potential?”
    • Look for: Realistic about settlement prospects
  5. “How long before we file?”
    • Look for: Reasonable timeline for preparation
  6. “What do you need from me?”
    • Look for: Clear list of documents, information, tasks
  7. “How often will we communicate?”
    • Look for: Regular updates; clear communication plan
  8. “How involved will I be?”
    • Look for: Appropriate level of client participation

Fees & Costs

About Money:

  1. “What are your fees?”
    • Look for: Clear hourly rate or flat fee
    • Typical: $200-$500/hour depending on location and experience
  2. “What’s the retainer, and what does it cover?”
    • Look for: Clear explanation of retainer and billing
    • Typical: $2,500-$10,000 initial retainer
  3. “What’s the estimated total cost?”
    • Look for: Realistic range based on complexity
    • Note: Contested cases often $10,000-$50,000+
  4. “What factors could increase costs?”
    • Look for: Honest about variables (trial, experts, appeals)
  5. “Do you offer payment plans?”
    • Look for: Flexible payment options if needed
  6. “What are additional costs besides your fees?”
    • Court fees, process server, experts, copies, etc.
    • Typical: $2,000-$10,000+ in additional costs
  7. “Do you charge for emails and phone calls?”
    • Look for: Clear billing practices
    • Some charge in 6-minute increments; some don’t charge for brief calls
  8. “How often will I receive billing statements?”
    • Look for: Monthly statements showing time and expenses
  9. “What if I can’t afford to continue?”
    • Look for: Options if funds run low

Communication & Accessibility

About Working Together:

  1. “How quickly do you typically respond?”
    • Look for: 24-48 hours for non-emergency; same day for urgent
    • Red flag: Vague or evasive answer
  2. “What’s the best way to reach you?”
    • Email? Phone? Portal?
    • Look for: Clear preferred method
  3. “Can I text you?”
    • Some attorneys allow; others prefer email
    • Clarify expectations
  4. “Will you handle my case personally, or will staff work on it?”
    • Look for: Honest answer about who does what
    • Paralegals often handle administrative tasks (appropriate)
  5. “If you’re unavailable, who handles urgent matters?”
    • Look for: Backup system; someone covers emergencies
  6. “How do you keep clients updated?”
    • Look for: Regular proactive updates

Approach & Philosophy

About Their Style:

  1. “Are you aggressive or more collaborative?”
    • Look for: Match with your preferred approach
    • Neither is inherently better; depends on situation
  2. “Do you encourage settlement or prefer trial?”
    • Look for: Balanced approach; settlement when appropriate, trial when necessary
  3. “How do you handle difficult opposing counsel?”
    • Look for: Professional but firm
  4. “What’s your philosophy on custody cases?”
    • Look for: Child-focused; practical; realistic
  5. “How do you feel about [specific issue important to you]?”
    • Example: Joint custody, relocation, etc.
    • Look for: Thoughtful answer; respects your goals

Practical Matters

Logistics:

  1. “Where is your office, and is parking available?”
    • Practical consideration
  2. “Do you offer video consultations?”
    • Convenient for some; necessary in pandemic times
  3. “What documents should I bring to our next meeting?”
    • Shows they’re organized and prepared
  4. “Do you use secure client portals?”
    • For document sharing and communication

Red Flag Questions

Test for Warning Signs:

  1. “Can you guarantee I’ll get custody?”
    • Correct answer: “No attorney can guarantee an outcome”
    • Red flag: If they guarantee anything specific
  2. “Will you help me hide [income/assets/information]?”
    • Correct answer: “No, that’s illegal and unethical”
    • Red flag: If they agree to hide information
  3. “Can we badmouth the other parent in court?”
    • Correct answer: “We focus on facts and child’s best interest, not character attacks”
    • Red flag: If they encourage mud-slinging

Closing Questions

Before You Leave:

  1. “What happens next?”
    • Look for: Clear next steps
  2. “When should I expect to hear from you?”
    • Look for: Specific timeline
  3. “Can I think about it and get back to you?”
    • Correct answer: “Of course, no pressure”
    • Red flag: Pressure to decide immediately
  4. “Do you have any questions for me?”
    • Good attorneys ask YOU questions too

After the Consultation:

Evaluate Their Answers:

Did they:

  • ☐ Answer all questions clearly?
  • ☐ Seem knowledgeable and confident?
  • ☐ Listen to your concerns?
  • ☐ Provide realistic assessment?
  • ☐ Make you feel comfortable?
  • ☐ Inspire trust?

Trust your instincts while also being objective.

Schedule Your Free Consultation

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Understanding Attorney Fees

What Custody Cases Cost and Why

Legal fees can be confusing. Here’s what you need to know.

Fee Structures

1. Hourly Rate (Most Common)

How It Works:

  • Attorney charges per hour worked
  • Rate varies by experience, location, case complexity
  • Billed in increments (6 minutes, 15 minutes, etc.)
  • Retainer paid upfront; fees deducted from it

Typical Rates:

  • Small town/rural: $150-$250/hour
  • Mid-size city: $250-$350/hour
  • Large city: $300-$500/hour
  • Top-tier/specialist: $400-$600+/hour

Charged For:

  • Phone calls
  • Emails
  • Document review/drafting
  • Court appearances
  • Legal research
  • Travel time (sometimes)
  • Communication with opposing counsel
  • Case preparation

Example:

Retainer: $5,000
Hourly Rate: $300

Activities:
- Initial consultation: 1 hour = $300
- Document review: 2 hours = $600
- Phone calls: 0.5 hours = $150
- Draft petition: 4 hours = $1,200
- Court appearance: 3 hours = $900
Total billed: $3,150
Remaining retainer: $1,850

When retainer depletes:

  • You replenish it
  • Typically in $2,500-$5,000 increments
  • Can’t continue representation without funds

2. Flat Fee (Less Common for Custody)

How It Works:

  • Fixed fee for specific service
  • Regardless of time spent
  • Clear upfront cost

Common For:

  • Uncontested custody cases
  • Document preparation only
  • Limited scope services
  • Specific hearings

Typical Flat Fees:

  • Uncontested custody: $1,500-$3,500
  • Document drafting: $500-$1,500
  • Single hearing representation: $1,500-$3,000

Pros:

  • ✓ Predictable cost
  • ✓ No surprise bills
  • ✓ Budget-friendly

Cons:

  • ✗ Doesn’t cover unexpected complications
  • ✗ Limited to scope described
  • ✗ May need additional fees if case becomes complicated

3. Hybrid Fee

How It Works:

  • Combination of flat fee and hourly
  • Example: Flat fee for initial stages, hourly if goes to trial
  • Provides some predictability

Example:

  • Flat $3,000 for everything up to trial
  • If trial necessary, switches to $300/hour

4. Contingency Fee (NOT Used for Custody)

Important:

  • Contingency fees (percentage of “winnings”) are prohibited in custody cases
  • Unethical for attorney to take percentage of custody outcome
  • Any attorney offering this is violating ethics rules

What Affects Total Cost

Factors That Increase Costs:

Case Complexity:

  • ✗ High conflict between parents
  • ✗ Domestic violence allegations
  • ✗ Substance abuse issues
  • ✗ Mental health concerns
  • ✗ Multiple children with different needs
  • ✗ Interstate custody issues
  • ✗ Prior CPS involvement

Cooperation Level:

  • ✗ Other parent is difficult or hostile
  • ✗ Constant violation of orders
  • ✗ Refusal to settle
  • ✗ Requires extensive discovery
  • ✗ Multiple motions and hearings

Trial:

  • ✗ Going to trial adds $10,000-$30,000+
  • ✗ Expert witnesses ($3,000-$10,000 each)
  • ✗ Trial preparation time
  • ✗ Multiple trial days

Custody Evaluation:

  • ✗ If ordered: $3,000-$10,000
  • ✗ Attorney time responding to evaluation
  • ✗ Possible rebuttal expert

Appeals:

  • ✗ Appealing decision adds $10,000-$50,000
  • ✗ Appellate attorney often needed
  • ✗ Transcript costs ($1,000-$5,000)

Your Behavior:

  • ✗ Excessive calls/emails to attorney
  • ✗ Not following attorney’s advice
  • ✗ Last-minute emergencies
  • ✗ Changing strategy frequently
  • ✗ Bringing new issues constantly

Factors That Decrease Costs:

Cooperation:

  • ✓ You and other parent can communicate
  • ✓ Willing to compromise
  • ✓ Reach settlement quickly
  • ✓ Agree on most issues

Organization:

  • ✓ You’re organized with documents
  • ✓ Respond promptly to attorney requests
  • ✓ Follow instructions
  • ✓ Do legwork yourself when appropriate

Efficiency:

  • ✓ Clear communication with attorney
  • ✓ Consolidated questions (batch emails vs. constant texts)
  • ✓ Attend mediation in good faith
  • ✓ Realistic expectations

Simplicity:

  • ✓ Straightforward facts
  • ✓ No abuse allegations
  • ✓ Both parents fit
  • ✓ Clear best interest determination

Typical Total Costs

Uncontested Custody:

  • Attorney fees: $1,500-$5,000
  • Court costs: $200-$400
  • Other costs: $200-$500
  • Total: $2,000-$6,000

Moderately Contested:

  • Attorney fees: $5,000-$15,000
  • Court costs: $300-$600
  • Discovery: $1,000-$3,000
  • Experts (if any): $2,000-$5,000
  • Other costs: $500-$1,000
  • Total: $8,000-$25,000

Highly Contested (Trial):

  • Attorney fees: $15,000-$50,000+
  • Court costs: $500-$1,000
  • Discovery: $3,000-$8,000
  • Custody evaluation: $3,000-$10,000
  • Expert witnesses: $5,000-$15,000
  • Trial preparation: Included in attorney fees
  • Other costs: $1,000-$3,000
  • Total: $27,000-$87,000+

Appeals:

  • Add: $10,000-$50,000+

Additional Costs Beyond Attorney Fees

Court Fees:

  • Filing fee: $200-$400
  • Service of process: $50-$150
  • Certified copies: $1-$2 per page
  • Subpoena fees: $50-$100 each

Expert Witnesses:

  • Custody evaluator: $3,000-$10,000
  • Psychologist: $3,000-$8,000
  • Substance abuse evaluator: $1,500-$3,000
  • Vocational evaluator: $2,000-$5,000
  • Expert testimony at trial: $500-$1,000/hour

Discovery Costs:

  • Court reporter (deposition): $500-$1,500 per deposition
  • Transcript copies: $3-$5 per page
  • Document copying: $0.10-$0.25 per page
  • Process server: $75-$150 per service

Other Professional Fees:

  • Mediator: $200-$500 per session
  • Parent coordinator: $200-$400/hour
  • Guardian ad litem: $150-$300/hour
  • Therapist records: $50-$200

Miscellaneous:

  • Parking at courthouse
  • Travel expenses
  • Lost wages for court appearances
  • Childcare during hearings

Managing Legal Costs

Ways to Reduce Fees:

1. Be Organized:

  • ✓ Keep timeline of events
  • ✓ Organize documents chronologically
  • ✓ Provide information attorney requests promptly
  • ✓ Come prepared to meetings

2. Communicate Efficiently:

  • ✓ Batch questions in one email vs. multiple
  • ✓ Ask paralegal for routine updates
  • ✓ Use email for non-urgent matters (cheaper than calls)
  • ✓ Be concise in communications

3. Do Appropriate Legwork:

  • ✓ Gather documents yourself
  • ✓ Research basic information
  • ✓ Complete intake forms thoroughly
  • ✓ Organize exhibits

4. Follow Attorney’s Advice:

  • ✓ Don’t waste time on strategies attorney advises against
  • ✓ Settle when attorney recommends
  • ✓ Focus on issues that matter

5. Settle When Reasonable:

  • ✓ Consider settlement offers objectively
  • ✓ Don’t litigate out of spite
  • ✓ Focus on what’s truly important
  • ✓ Trial should be last resort

6. Limited Scope Representation:

  • ✓ Attorney handles only certain parts
  • ✓ You do rest yourself
  • ✓ Saves money
  • ✓ Examples: Document review only, coaching, limited appearance

7. Keep Emotions in Check:

  • ✓ Don’t call attorney every time you’re upset
  • ✓ Use therapist for emotional support
  • ✓ Journal instead of emailing attorney
  • ✓ Keep communications factual

Payment Options

If You Can’t Afford Full Retainer:

1. Payment Plans:

  • Many attorneys offer payment plans
  • Example: $1,000 down, $500/month
  • Makes representation accessible
  • Ask during consultation

2. Credit Cards:

  • Some attorneys accept credit cards
  • Allows you to pay over time
  • Interest charges apply
  • Better than no representation

3. Legal Fee Financing:

  • Companies specialize in legal fee loans
  • Similar to medical financing
  • Application process
  • Interest rates vary

4. Borrow from Family:

  • Interest-free loan from family
  • Pay back over time
  • Preserves credit

5. 401(k) Loan:

  • Borrow from own retirement
  • Pay yourself back with interest
  • Not subject to penalties
  • Risk if leave job

6. Home Equity:

  • Home equity loan or HELOC
  • Lower interest rates
  • Tax-deductible interest (sometimes)
  • Uses home as collateral

7. Limited Scope:

  • Pay only for specific services
  • More affordable
  • Attorney provides guidance, you do work

8. Legal Aid:

  • Free if income-qualified
  • Limited availability
  • Apply early

Fee Agreements

Your Rights:

Written Agreement Required:

  • Attorney must provide written fee agreement
  • Read carefully before signing
  • Ask questions about anything unclear
  • Keep copy for records

Should Include:

  • Hourly rate (or flat fee)
  • Retainer amount
  • What’s covered
  • What’s not covered
  • Billing increments
  • Additional costs
  • Payment schedule
  • Termination provisions

Red Flags:

  • ✗ Won’t provide written agreement
  • ✗ Vague about fees
  • ✗ Guarantees outcome for fee
  • ✗ Contingency fee (illegal for custody)
  • ✗ Pressure to sign without reading

Get Clear Fee Information Upfront

Connect with attorneys who provide transparent fee structures and offer payment options. Many offer free consultations to discuss costs.

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Free Consultation: What To Expect

Preparing for Your First Meeting

Most custody attorneys offer free initial consultations. Here’s how to make the most of it.

Before the Consultation

Prepare Your Information:

Create Timeline:

  • Write chronological history of relationship
  • Key dates (marriage, separation, children’s births)
  • Custody-related events
  • One-page summary best

Gather Documents:

  • ☐ Birth certificates
  • ☐ Any existing custody orders
  • ☐ Relevant communications with other parent
  • ☐ Police reports (if DV)
  • ☐ School records
  • ☐ Medical records
  • ☐ Photos/videos if relevant

Don’t bring everything – just most important documents

List Your Questions:

  • Write down questions in advance
  • Prioritize most important ones
  • Bring list to consultation

Know Your Goals:

  • What custody arrangement do you want?
  • What’s most important to you?
  • What are deal-breakers?
  • What can you compromise on?

Prepare Financially:

  • Know your budget
  • Understand what you can afford
  • Research payment options
  • Be realistic about costs

During the Consultation

Typical Format:

1. Introduction (5 minutes):

  • Attorney introduces self
  • Explains consultation process
  • Reviews confidentiality
  • May ask you to sign conflict check form

2. Your Story (10-15 minutes):

  • You explain situation
  • Provide timeline
  • Describe current status
  • State your goals

3. Attorney’s Questions (10-15 minutes):

  • Attorney asks clarifying questions
  • Probes for important details
  • Identifies key issues
  • Assesses your case

4. Attorney’s Assessment (10-15 minutes):

  • Attorney gives initial evaluation
  • Explains applicable law
  • Discusses strengths/weaknesses
  • Outlines potential strategies

5. Process Explanation (5-10 minutes):

  • What to expect
  • Timeline
  • Steps in process
  • Your role

6. Fee Discussion (5-10 minutes):

  • Fee structure
  • Retainer amount
  • Estimated costs
  • Payment options

7. Your Questions (5-10 minutes):

  • You ask your questions
  • Attorney clarifies concerns
  • Discusses next steps

8. Next Steps (5 minutes):

  • If you want to hire: sign agreement, pay retainer
  • If thinking about it: attorney explains how to follow up
  • Timeline for decision

Total: Usually 45-60 minutes

What to Bring:

Essential:

  • ☐ Photo ID
  • ☐ Timeline of events
  • ☐ List of questions
  • ☐ Notepad and pen
  • ☐ Calendar (for scheduling)

Helpful:

  • ☐ Key documents
  • ☐ Contact info for other parent
  • ☐ Names/ages of children
  • ☐ Financial information (rough)

Don’t Bring:

  • ✗ Children
  • ✗ Boxes of documents (just key ones)
  • ✗ Other people (unless domestic violence support)
  • ✗ Recorder (ask permission first)

Be Honest:

Critical: Tell attorney the truth about:

  • Your history (criminal, DV, substance abuse)
  • Weaknesses in your case
  • Problems with your parenting
  • Financial situation
  • Concerns about other parent

Why:

  • Attorney-client privilege protects you
  • Attorney needs truth to help you
  • Surprises at trial are disasters
  • Attorney can’t fix what they don’t know about

After the Consultation

Evaluate:

Ask yourself:

  • Did attorney seem knowledgeable?
  • Did they listen to me?
  • Do I trust them?
  • Was assessment realistic?
  • Are fees acceptable?
  • Can I work with this person?

Follow Up:

If you want to hire them:

  • Contact within 24-48 hours
  • Complete intake paperwork
  • Sign fee agreement
  • Pay retainer
  • Begin working together

If still deciding:

  • Complete other consultations
  • Compare options
  • Make decision within reasonable time
  • Don’t leave them hanging

If not the right fit:

  • Politely decline
  • Thank them for their time
  • Continue search

Red Flags To Avoid

Warning Signs of Problem Attorneys

Not all attorneys are created equal. Watch for these warning signs:

Red Flags – Don’t Hire If:

Guarantees Outcomes:

  • ✗ “I’ll definitely get you custody”
  • ✗ “We’ll destroy the other parent”
  • ✗ “You’ll definitely win”
  • Reality: No ethical attorney guarantees outcomes

Badmouths Other Parent Excessively:

  • ✗ Focuses on “destroying” other parent
  • ✗ Encourages mudslinging
  • ✗ Makes it about revenge vs. child’s best interest
  • Reality: Best attorneys focus on your strengths, not just attacking other parent

Encourages Dishonesty:

  • ✗ Suggests hiding assets
  • ✗ Advises lying about anything
  • ✗ Recommends coaching child
  • ✗ Helps fabricate evidence
  • Reality: Huge ethical violation; can get you in legal trouble

Unclear About Fees:

  • ✗ Won’t provide written fee agreement
  • ✗ Vague about costs
  • ✗ Hidden fees
  • ✗ Keeps adding unexpected charges
  • Reality: Professional attorneys are transparent about fees

High-Pressure Tactics:

  • ✗ Pressures you to sign immediately
  • ✗ Won’t let you think about it
  • ✗ Makes you feel bad for wanting to consult others
  • ✗ Uses scare tactics
  • Reality: Confident attorneys don’t pressure

Poor Communication:

  • ✗ Doesn’t return calls/emails for days
  • ✗ Staff can’t reach them either
  • ✗ Misses appointments
  • ✗ Unprepared for hearings
  • Reality: Communication problems cause huge issues

Disorganized:

  • ✗ Can’t find your file
  • ✗ Forgets case details
  • ✗ Misses deadlines
  • ✗ Loses documents
  • Reality: Organization is crucial in legal cases

Substance Abuse:

  • ✗ Smells of alcohol
  • ✗ Appears intoxicated
  • ✗ Erratic behavior
  • Reality: Serious problem; report to state bar

Inappropriate Behavior:

  • ✗ Romantic/sexual advances
  • ✗ Asks you on dates
  • ✗ Inappropriate comments
  • ✗ Boundary violations
  • Reality: Major ethical violation

Multiple Negative Reviews:

  • ✗ Pattern of complaints
  • ✗ Similar issues reported repeatedly
  • ✗ Bar discipline history
  • Reality: Where there’s smoke, there’s fire

Lacks Custody Experience:

  • ✗ Primarily criminal attorney dabbling in family law
  • ✗ General practitioner with little family law focus
  • ✗ Never been to trial
  • ✗ Not familiar with custody evaluations
  • Reality: Custody cases require expertise

Conflicts of Interest:

  • ✗ Previously represented other parent
  • ✗ Has business relationship with other parent
  • ✗ Personal relationship with other parent’s attorney
  • ✗ Represents multiple parties in related matters
  • Reality: Creates ethical problems

Unrealistic Expectations:

  • ✗ Promises you’ll get everything you want
  • ✗ Says case will be “easy”
  • ✗ Minimizes serious challenges
  • ✗ Overly optimistic about timeline
  • Reality: Good attorneys are realistic

Can’t Explain Strategy:

  • ✗ Vague about approach
  • ✗ Can’t articulate plan
  • ✗ Defensive when questioned
  • ✗ “Just trust me”
  • Reality: You should understand strategy

Unprofessional Appearance:

  • ✗ Shows up to court inappropriately dressed
  • ✗ Unprofessional website/materials
  • ✗ Office is disaster
  • Reality: Professionalism matters

Trust Your Instincts

If something feels wrong, it probably is.

Listen to your gut about:

  • Do you trust this person?
  • Do you feel comfortable?
  • Are they honest with you?
  • Do they have your best interests at heart?
  • Would you want them representing you in court?

If you’ve already hired problematic attorney:

You can fire them:

  • You have right to change attorneys
  • Notify in writing
  • Request file
  • May owe for work already done
  • Hire new attorney

Report serious issues:

  • State bar association
  • Grievance committee
  • Unethical behavior
  • Substance abuse
  • Financial impropriety

Attorney Vs Representing

Should You Hire an Attorney or Go Pro Se?

Pro Se Definition: Representing yourself without an attorney (“pro se” or “pro per”)

Can You Represent Yourself?

Legally: Yes, you have the right Advisable: Rarely

Courts do NOT:

  • ✗ Provide you an attorney (civil case)
  • ✗ Give you legal advice
  • ✗ Help you with your case
  • ✗ Lower standards for you
  • ✗ Make allowances for mistakes

You are held to same standards as attorneys

When Pro Se Might Work

Very Limited Circumstances:

True Uncontested Case:

  • Both parents agree completely
  • Simple parenting arrangement
  • No complicating factors
  • No abuse/DV/substance issues
  • Just need court approval

With Legal Aid Self-Help:

  • Use court self-help center
  • Follow templates exactly
  • Simple situation
  • Both parties cooperative

Very Limited Finances:

  • Absolutely cannot afford attorney
  • Qualify for fee waiver
  • Other parent also pro se
  • Willing to accept potential poor outcome

When You MUST Have Attorney

Don’t go pro se if:

Contested Case:

  • Other parent disagrees
  • Going to trial
  • Complex issues

Other Parent Has Attorney:

  • Massive disadvantage
  • Will likely lose
  • Can’t effectively counter their strategy

Safety Issues:

  • Domestic violence
  • Child abuse allegations
  • Substance abuse concerns
  • Need protective orders

Complex Situation:

  • Interstate custody
  • Relocation
  • Special needs child
  • Mental health issues
  • Prior CPS involvement
  • Criminal history

High Stakes:

  • Risk of losing custody
  • Risk of supervised visitation only
  • Risk of severe restrictions
  • Too important to risk poor outcome

Pros and Cons of Pro Se

Pros:

  • ✓ Saves attorney fees
  • ✓ Direct control
  • ✓ No communication barriers
  • ✓ You know your case best

Cons:

  • ✗ Don’t know law or procedure
  • ✗ Will likely make costly mistakes
  • ✗ Courts don’t help you
  • ✗ Opposing attorney will take advantage
  • ✗ Emotions cloud judgment
  • ✗ Evidence likely presented poorly
  • ✗ Miss important arguments
  • ✗ Poor outcomes common
  • ✗ Difficult to fix later
  • ✗ Extremely stressful

Middle Ground Options

Limited Scope Representation:

“Unbundled” legal services:

Attorney helps with specific parts:

  • Document review
  • Document drafting
  • Legal coaching
  • Strategy consultation
  • Limited court appearances
  • Specific hearing only
  • Settlement negotiation help

You handle:

  • Court filings
  • Discovery responses
  • Some court appearances
  • Day-to-day case management

Benefits:

  • ✓ More affordable than full representation
  • ✓ Professional guidance on key issues
  • ✓ Better than completely alone
  • ✓ Flexible arrangements

Cost: $1,000-$5,000 typically

Self-Help Resources:

Court Programs:

  • Self-help centers (most courts have)
  • Form assistance
  • Filing instructions
  • Procedure explanations
  • Free help

Online Resources:

  • State court websites (forms, guides)
  • Legal aid websites
  • Custody.mom (resources, information)

Books:

  • Self-help legal books
  • Custody guides
  • State-specific guides

Limitations:

  • Can’t provide legal advice
  • Can’t tell you what to do
  • General information only
  • Not substitute for attorney

Realistic Assessment

Statistics show:

  • Represented parties win more often
  • Get better outcomes
  • More favorable custody arrangements
  • Stronger enforceable orders
  • Fewer mistakes

Pro se parties often:

  • Lose more often
  • Get less favorable arrangements
  • Make procedural errors
  • Miss important opportunities
  • Struggle with courtroom procedures

The difference in outcome often exceeds attorney cost

Example:

  • Attorney costs: $10,000
  • Better outcome: 50 more days/year with child
  • Value: Priceless
  • Also: Proper child support calculation, enforceable orders, protective provisions

Bottom Line:

  • Custody is too important for most people to handle alone
  • If you possibly can afford attorney, hire one
  • If you absolutely cannot, use every available resource
  • Consider limited scope representation as middle ground
  • Be realistic about risks

How Our Service Works

Connecting You with the Right Attorney

Our Mission: Help parents find qualified, experienced custody attorneys in their area who can protect their parental rights.

The Process

Step 1: Tell Us About Your Case

Complete our simple form:

  • Your location (ZIP code or city)
  • Type of case (filing, modification, enforcement, etc.)
  • Brief description of situation
  • Your contact information

Takes 2-3 minutes

Step 2: We Match You with Attorneys

We connect you with:

  • 1-3 qualified attorneys in your area
  • Licensed in your state
  • Experience with custody cases
  • Good standing with state bar
  • Offer free consultations
  • Practice in your county

Our screening ensures quality

Step 3: Attorneys Contact You

Within 24-48 hours:

  • Attorneys review your information
  • Interested attorneys reach out
  • Schedule free consultations
  • Usually by phone or email

You’re in control – no obligation

Step 4: Free Consultations

You meet with attorney(s):

  • 45-60 minute consultation
  • Discuss your case
  • Get legal assessment
  • Understand costs
  • Ask questions
  • Evaluate fit

No charge, no obligation

Step 5: Choose Your Attorney

You decide:

  • Which attorney (if any) to hire
  • Based on consultation experience
  • Fees, strategy, comfort level
  • Your choice entirely

We’re not involved in your decision

Step 6: Work with Your Attorney

Once hired:

  • Attorney represents you
  • You work directly with them
  • We step back
  • Focus on your case

Why Use Our Service?

Benefits:

Pre-Screened Attorneys:

  • Verified licensing
  • Custody experience confirmed
  • Good bar standing
  • Quality representation

Free to Use:

  • No cost to you
  • No fees for matching
  • No obligation
  • Free consultations from attorneys

Multiple Options:

  • Compare 2-3 attorneys
  • Different approaches
  • Various fee structures
  • Find right fit

Convenient:

  • One simple form
  • Attorneys come to you
  • Schedule at your convenience
  • No driving around to multiple offices

Local Attorneys:

  • Practice in your county
  • Know local judges
  • Familiar with local procedures
  • Nearby office

Quality Control:

  • We screen for credentials
  • Monitor attorney performance
  • Remove poor performers
  • Maintain high standards

What We Are NOT

Important Clarifications:

We’re NOT a Law Firm:

  • Don’t provide legal services
  • Don’t represent clients
  • Don’t give legal advice
  • Connect you with attorneys who do

We’re NOT Attorney Referral Service (technically):

  • Similar concept
  • But run differently
  • Technology-based matching
  • Free to consumers

We Don’t Endorse Specific Attorneys:

  • We facilitate connections
  • You choose your attorney
  • We don’t recommend one over another
  • Your decision entirely

Frequently Asked Questions

Costs vary widely:

– Uncontested: $1,500-$5,000
– Contested: $5,000-$50,000+
– Hourly rates: $150-$600/hour

For contested cases, almost always yes. The other parent having an attorney puts you at severe disadvantage. Mistakes in custody cases are costly and difficult to fix.

Look for:

Custody experience
Good reviews
State bar good standing
Clear communication
Realistic assessment
Local court knowledge

Options:

Legal aid (if income-qualified)
Pro bono programs
Law school clinics
Court self-help centers
Limited scope for specific parts

Explore:

Payment plans
Limited scope representation
Legal aid
Credit options
Family loans
Prioritize – it’s worth borrowing for

No. Consult with 2-4 attorneys, compare options, and choose the best fit.

You can fire them and hire someone new. Notify in writing, request your file, and find new representation.

No ethical attorney guarantees outcomes. If they do, it’s a red flag.

Varies widely:

Uncontested: 2-4 months
Contested: 6-18 months
With trial: 12-24+ months
Your attorney can estimate based on local courts

Yes. You may owe them for work completed, but you can change representation.

About Our Service:

Custody.mom is not a law firm and does not provide legal services, advice, or representation. We are a legal marketing service that connects parents with independent attorneys.

About Attorney Relationships:

– Attorneys in our network are independent practitioners
– We do not employ attorneys
– We are not responsible for attorney conduct
– We don’t endorse specific attorneys
– Your relationship is with the attorney you hire, not with us

No Attorney-Client Relationship:
Using our service does not create an attorney-client relationship with Custody.mom or any attorney until you formally hire an attorney.

No Legal Advice:
Information on this website is general educational information only. It does not constitute legal advice. For advice specific to your case, consult with a licensed attorney.

No Guarantees:
We cannot guarantee:

– That attorneys will contact you
– Outcomes of consultations
– Results of cases
– Attorney availability
– Specific fee ranges

Your Responsibility:
You are responsible for:

– Verifying attorney credentials
– Evaluating attorney qualifications-
– Making hiring decision
– Negotiating fees
– Your relationship with attorney

Privacy:
We protect your information. See our Privacy Policy for details on how we use and share your data.

State-Specific Rules:
Some states regulate attorney advertising and referrals differently. We comply with all applicable state rules.