What are the main elements in a child custody case?
Many parents want to know the cost to go to court for child custody disputes. The answer isn’t that simple. To calculate the costs involved in a child custody case, it is important to first understand what the main elements are and a little about what the process involves.
It is common for parents to dispute the custody of a child when they separate. If it cannot be settled amicably around the kitchen table or in a lawyer’s or mediator’s office, the Colorado courts may need to decide.
In a court trial, the arguments of each parent will be presented to a judge through a presentation of evidence and testimony by the attorneys and parties.
The Court will then need to determine:
- How is the child’s time divided between the parents? (e.g., equally, visitation, every other weekend, etc.). This is sometimes referred to as “physical custody” although Colorado does not use this terminology.
- Who gets to make the major decisions regarding the child’s upbringing, such as schooling, religion, medical decisions, etc.? (e.g., sole decision-making or joint decision-making). This is sometimes referred to as “legal custody” although Colorado does not use this terminology.
- What happens during holidays, weekends, etc.?
- What is the amount of child support and how are expenses split?
In most cases, the preference in Colorado is for both parents to be involved in making the major decisions regarding upbringing and for parents to both spend as much time with their children as possible. However, this is not always possible nor is it always in the best interests of the child to be with both parents equally. For example, if the behavior of one parent is called into question for reasons that impact his/her ability to parent (e.g., alcohol abuse or drug abuse), the other parent may request supervised visitation only. The court will need to decide if this is in the best interests of the child, as the court will do in all cases.
All decisions regarding children in custody cases in Colorado must be made in the best interests of the child. The preferences of a parent are only one factor in many that a judge will consider.
What are the main custody dispute costs?
Ideally, you will settle your custody dispute without going to court. Lawyers and/or mediators can often help you reach a workable agreement that takes care of the needs of the children.
A mediator often charges $200-$350 per hour in Colorado and these costs can be shared between parents. There are also low-cost options/sliding scale options that allow everyone to attend mediation regardless of financial circumstances. p
Sometimes, however, a trial is unavoidable.
If the parties are unable to reach an agreement and head to trial, the case can take months to complete. It depends entirely on the circumstances, so it is difficult to provide precise estimates until you talk your case over with one of our child custody lawyers.
Needless to say, the costs are likely to increase in heavily contested cases.
There are some general fees and expenses that apply to a parent in this situation. These include:
- Hiring an attorney to protect your paternal rights
- Traveling to court appearances
- Taking time off work (and possibly losing wages)
- Providing documentary evidence to support your arguments
- Divorce Mediation costs
- Costs to hire children’s experts such as a Child & Family Investigator or Parental Responsibilities Evaluator.
- DNA testing (if required)
- Court filing fees (see below)
Read Helpful Tips: The Ultimate Guide to Child Custody in Colorado
Filing fees
This is a good breakdown of court filing fees from the State of Colorado.
Note that the term “child custody” is not used in this document. Child custody is called “allocation of parental responsibilities” now in Colorado.
In the “District Court – Domestic Relations” section of the schedule, you will see the following breakdown of filing fees for child custody issues:
Petition for Allocation of Parental Responsibilities
This is the main document you will need to complete when filing for child custody in Colorado. The filing fee is currently $222.
Registration: Child Custody Determination
If you were already granted child custody in another state, you will need to register to make it valid in Colorado. The filing fee is currently $166.
Registration: Enforcement Child Custody
If you would like to introduce testimony from a witness located in another state during custody proceedings (over the phone or in-person), you will be required to register for this. The filing fee is currently $166.
Motion to modify, amend, or alter decree or order
If you wish to change an existing Colorado child custody order, you will need to file this document at a fee of $105.
Note that extra filing costs will be incurred if you need to file for a restraining order against the other parent.
How can you keep costs down?
The best way to keep the costs of a child custody case down is to try and reach an agreement with your ex out of court.
However, bear in mind that whatever custody and parenting plan you agree on must be approved by the court.
This is best accomplished either through collaboration between your attorneys or with the aid of a mediator. Neither will be free but they will not rack up costs like a court trial.
Ask your lawyer for a schedule of costs upfront so that you know approximately what the various options will set you back.
If you do go to trial, it is generally in everyone’s interests (including your child’s) for the case to be decided as quickly and amicably as possible.
A family law attorney from Colorado Legal Group can help to protect your rights and guide you through the child custody trial process.
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