Who Pays Attorney Fees in Child Custody Cases?

Usually, divorce cases are expensive and complex. If the case is a child custody case, it becomes complicated. Divorce cases are complicated not because finances are affected but because it disturbs the mental peace of those involved. 

Child support is the most crucial matter in a divorce case, and such cases are expensive for this reason. Therefore you have to plan well in advance and plan finances for attorney fees ahead of time. Otherwise, it will be a burden for you and your child later. Who pays attorney fees in child custody cases? Read on for more information.

The cost of the lawyer in custody cases depends on the skill and experience of the lawyer. You can roughly judge the capability of the attorney to estimate the fees and choose him as your lawyer. Attorney fees are the money you have to pay for hiring their services. All Attorneys charge similar fees for child custody cases as they follow a standard for charging fees.

Who Pays Attorney Fees in Child Custody Cases?


The judge decides who pays attorney fees in child custody cases in Texas and other states. Both parties to the divorce should pay fees to their attorneys. Sometimes, the judge orders one of the parties to bear attorney fees. The judge goes by equal and fair division of property in divorce cases and presumes all the assets as joint property until the judge pronounces divorce judgment.

The judge orders a financially stable parent to pay the attorney fees. If one spouse is financially strong, the judge will order that spouse to pay the attorney fees. Awarding attorney fees in family law cases depends wholly on the parties’ financial condition. If the judge suspects foul play, like refusing to obey court orders or failing to disclose all his assets, he may order him to pay the spouse’s attorney fees too.

The judge’s decision on who should pay the cost of a lawyer for a custody case is final. At the end of the divorce case, both parties should give a detailed account of the assets, based on which he decides who should pay the fee and legal cost. This way, the financially weak get support to carry on the legal process for custody in a divorce case.

Another fact that influences custody attorney fees are the time period taken to complete the case. If the case stretches for no reason, the attorney fees also increase. In other words, the attorney bill depends on the time taken to complete the case. Uncontested cases are usually the cheapest as your attorney takes minimum time in the court.

Is there a fixed cost of attorney?


Different attorneys charge different fees. Some attorneys charge hourly rates, some charge a flat rate, and some fix daily fees. The amount may vary somewhere between 2000$ and 6000$. Discuss with your attorney about the exact fees because they may change at the end of the case. 

The child custody case is very complex for the parties involved since emotion plays an important role. 

Frequently Asked Questions:


#1 Can I ask my spouse to pay child custody fees? 

You can ask the judge to instruct your spouse to pay the lawyer fees if you prove that you are incapable of paying the fees. Request your judge include this plea in the petition.

#2 Can poor behavior of parties affect the outcome regarding who should pay lawyer fees? 


Yes, if the judge is not satisfied with the conduct or thinks he hasn’t disclosed his complete asset, he may order him to pay the spouse’s fees too.

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A divorce case is not as simple as it appears since too much emotion is involved. When you hire an attorney for your child custody case, you need to calculate the fees you should pay your attorney. Many people have doubts about who pays attorney fees in child custody cases

In general cases, each party pays their respective lawyers. However, if one of the spouses is not financially sound to pay, the judge orders the financially sound spouse to pay for the other. The fees depend on the ability, knowledge, and experience of the lawyer. 

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