Custody Battles: What You Need to Know

Settling a child custody case can feel like a never-ending process, especially when it comes to the stress and financial strain. Understanding the factors that influence how long custody cases take and how much they cost can help parents make informed decisions as they move through this challenging time.

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Are Custody Battles Stressful?

Unfortunately, the answer is usually yes, as the uncertainty and upheaval surrounding questions of custody can impact both parents and children. This emotional toll combined with mounting legal fees and paperwork can feel overwhelming. One of the most critical steps in the process is to be prepared, both mentally and financially, for the duration of the case.

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How Long Does a Custody Case Take?

The length of a custody case can vary greatly. Some cases are resolved quickly, while others drag on for months or even years. 

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• Emergency Custody: An initial decision on temporary emergency custody is typically resolved within 30 days. Temporary emergency custody is appropriate only upon a finding that a child will suffer immediate and irreparable harm if left in the custody of the other parent.  However, a decision to grant temporary emergency custody is not the end of a case, and it will take several months or more to bring an emergency custody case to conclusion.
• Non-Emergency Custody: If the case isn’t urgent, it may take several months or more to resolve. Factors like custody evaluations or drug testing can add additional time, sometimes further extending the process additional months.

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What Happens at the First Custody Hearing?

Initially, the parties will likely appear before a hearing officer or domestic commissioner.  Both parents will present evidence and possibly testify. The hearing officer will make a temporary custody decision, which can change in future hearings. This hearing is important, as it can set the tone for the rest of the case.

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The Cost of Custody Cases

The cost of a custody case depends largely on the circumstances of the case and how contentious and adversarial the parties are towards each other.

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• Uncontested Cases: If both parents agree on custody arrangements, the cost may only involve filing fees and attorney fees associated with drafting an agreement.  These could cost a few thousand dollars or less.
• Contested Cases: If the case is contested, legal fees, professional evaluations, and other associated costs can add up quickly. Experts such as parenting evaluators can cost up to $5,000 or more, and lawyers must charge for their time, which can escalate the costs to tens of thousands of dollars.

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How to Prepare

• Time: Custody cases can take several months to years depending on complexity. Temporary emergency custody issues may be resolved more quickly, while more complex cases can drag on.
• Money: Costs can vary widely. Filing fees, attorney fees, and expert witness costs all add up. Prepare a budget that includes potential unexpected costs like parenting evaluations or drug testing.  An experienced attorney should be able to provide some guidance as to the expected budget.  Just keep in mind that sometimes unexpected issues arise that may not be included in the attorney’s estimate.  

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The Bottom Line

Child custody cases are time-consuming and expensive. Whether you're seeking emergency or non-emergency custody, the process requires patience, cooperation, and a clear understanding of the financial commitments involved. Ensuring you have the right legal counsel and making informed decisions can help you navigate this process more smoothly.

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With over 20 years of experience, the team at Oriol Law Firm is dedicated to guiding you through the complexities of custody cases, ensuring that your rights as a parent are protected every step of the way.

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