Filing for child custody is a formidable process. It is a tough situation for both you and your ex, but the interests of the children will matter most to the court.
With that in mind, let’s look at how much it will cost to file child custody papers to help you plan and budget.
First it is important to understand the process of filing for child custody and what papers to file in the process. If you are starting a child custody case with your ex-spouse, you will need to file these documents in court:
- Official complaint or intention for child custody.
- Summons to inform the respondent(your ex).
- Your “appearance” that may be required by the court.
Other Papers that You May File with Child Custody
Some other documents you may file include divorce decree, request for child support, and a temporary custody motion among other applications. These may also require a filing fee for the court to start processing.
How Much Does It Cost to File Child Custody Papers?
Filing a Child Custody Petition
This is a complaint by one of the parents who is petitioning the court for certain privileges over the custody of the child. This happens when the parents want to have courts intervene in matters regarding child custody, child support, and visitation rights.
This filing states what orders you are seeking from the court and is the initiation point for a child custody case. You are required by the court to file this petition and pay a filing fee that can range between $100 to $400. Once you have completed this phase, you then proceed to the summons.
Issuance and Service Fee
When you file the petition, the court should serve the other party. The courts can use a third party to deliver the custody papers to the other parent so that he or she can respond to the petition. Typically the task falls on the shoulders of a sheriff’s deputy in the county you are filing in.
Of course, you may choose to serve the other party by any other means but it is recommended to use a third party, sheriff, or a process server.
With this step, you will be required to file the summons for the court to serve to the respondent or ex-spouse. You will pay about $5 for blank summons, and about $30 to $40 for the third party who will serve the papers. This cost is similar in most states.
Response Filing Fee
When the complainant files a child custody case, the court will issue summons to the respondent who then writes an answer to the petition. For the response, the court will charge them about $160 and $200. When this is done, the court may also charge about $400 to schedule the hearing of the case regarding you and your ex-partner.
Filing Uncontested Case
Filing for an uncontested case means that both parents have agreed on the parenting plan of the child, physical custody, visitation of the child, and other things that pertain to the child’s upbringing.
This can be the result of mediation or when the parents have come up with a child custody agreement that needs to be approved by the judge for it to be enforceable.
In this case, most of the courts only charge a flat rate that will be cheaper compared to that of contested cases, approximately $300 depending on the court.
Filing for Paternity
When the mother of the child wants to confirm to the court that the respondent is or isn’t the biological father of the child, a paternity test can be requested.
Either parent can file a paternity motion to request court orders for DNA testing. The ballpark range for filing will range from $100 to $150 depending on the court. The test itself can sometimes cost $500 to $800 depending on the lab used, and how quickly you want the results.
Factors That Can Affect Child Custody Filing Fees
The cost of filing child custody papers can vary from one State to another, and from one county to another.
The Type of Application You Are Seeking
If you are only raising a case regarding child custody and no other attached issues, the costs can be less compared to seeking divorce, drug testing, psych evaluations, and child support among other issues. If your case is straightforward and is only about child custody, it will be cheaper.
State that You Live in And the Court
Different states and counties charge different fees for divorce than child custody. Many areas have programs, both public and private, to assist in court fees. Some courts allow individuals to file as indigent and waive court costs pertaining to the case.
Conclusion
As you may have noted, the costs of filing child custody papers can vary from one court to another and depending on where you live. Therefore, be sure to check with the court on costs and assistance available to you from local programs.
