legal · 2026-05-01
Estimate cost of contested child custody — attorney retainer + hourly billing across discovery, mediation, custody evaluation, and trial.
| Attorney hourly rate | $350 |
| Estimated total hours | 60 |
| Custody evaluator (if ordered) | $5,000 |
| Mediation cost | $2,000 |
| Filing + court costs | $600 |
| Attorney fees | $21,000 |
| Expert / mediator / GAL costs | $7,000 |
The number of hours a custody case eats is the biggest variable, and it's almost entirely determined by how cooperative the other parent is.
Custody fights are zero-sum and the costs are sunk regardless of who "wins." The fastest way to reduce cost is mediated settlement before formal discovery. Spending $20k on mediator + co-parenting therapist beats $80k on litigation that lands in roughly the same parenting plan.
Sometimes. Most family courts have fee-shifting authority when one party has dramatically higher income or has acted in bad faith (frivolous motions, contempt). Don't count on it: the typical award is partial (20-40% of fees) and arrives at the end. Plan to fund your case yourself.
GAL is a court-appointed attorney/advocate for the child. Cost: $1,500-8,000, typically split between parents. Required in some custody disputes (particularly when allegations of abuse or fitness arise). The GAL interviews kids, parents, teachers — adds another billable layer but their recommendation often carries weight at trial.
Set the retainer based on a 30-hour case. After the first 60 days you'll know whether it's settling or escalating. Budget for 100 hours mentally but don't pay it upfront — most attorneys bill against retainer monthly. Keep a 25% contingency reserve for expert witnesses and trial preparation.