The best questions to ask a child custody lawyer cover topics like legal strategy, communication style, experience with similar cases, and expected costs. These questions can reveal the attorney’s insight into your situation, potential challenges, and how they plan to protect your parental rights.
Meeting with a child custody lawyer for the first time can feel overwhelming, especially if you’re facing the stress of a pending custody battle or parenting time dispute. Knowing the right questions to ask during your consultation can help you evaluate whether the attorney is the right fit and how they might handle your case.
Top Questions to Ask a Child Custody Attorney During Your Consultation
Start by getting the lawyer’s honest assessment of your case. This helps you gauge how realistic your expectations are and what issues may be contested.
- What is your assessment of my child custody case?
Look for an answer that includes potential outcomes, key challenges, and strengths or weaknesses based on your circumstances.
- What are the most likely resolutions in my situation?
This helps you understand whether joint custody, sole custody, or another arrangement is realistic.
- What challenges could affect the outcome?
The attorney should explain how past criminal charges, relocation plans, or mental health issues could impact custody.
- Do you recommend mediation, arbitration, or trial in my case?
A good attorney should explain the pros and cons of mediation, arbitration, or trial, and offer guidance based on the specifics of your situation.
- How long do you expect this custody case to take? Will we likely go to trial?
Your lawyer should give you a general idea of how long each phase of the process might last and how likely it is you’ll end up in court.
- How often will you update me on the case’s progress, and what will those updates include?
Ask how frequently you’ll receive updates, what format they’ll be in (email, phone, portal), and whether you’ll be informed about every court filing or only major developments.
Customize Your Questions Based on Your Circumstances
Be prepared to ask case-specific questions that reflect your personal concerns. Examples include:
- Does a domestic violence conviction affect custody or parenting time in Illinois?
- Can a parent’s mental health records be used in custody disputes?
- I’m thinking of moving out of state. Will that hurt my chances for custody?
- Will remarriage, half-siblings, or grandparents’ involvement influence custody decisions?
- How does where the child goes to school affect parenting time?
Ask Questions About the Attorney’s Experience and Caseload
You’ll want an attorney who regularly handles custody cases—ideally, ones that resemble yours. You might ask the lawyer:
- How many child custody cases do you handle each year?
- Have you managed cases like mine (e.g., relocation, high-conflict parenting, special needs)?
- How experienced are you with court-ordered and private mediation?
Also, confirm that the attorney will personally handle your case.
- Will you be my main point of contact? If not, who will be?
- How quickly can I expect responses to calls or emails?
Understand the Attorney’s Legal Style and Philosophy
Some lawyers take an aggressive litigation approach. Others aim for collaborative solutions through mediation. Neither is wrong, but you want one whose style matches your goals.
- What’s your general philosophy on handling child custody cases?
- Do you prefer to present options and let me decide, or do you give direct recommendations?
Don’t Forget to Talk About Fees and Costs
Legal fees can add up fast. Be upfront and get clarity before hiring anyone.
- What’s your hourly rate and estimated total cost for a custody case like mine?
- Do you require a retainer? If so, how much?
- How do you bill—monthly, per milestone, or per appearance?
- Are there additional costs I should know about (experts, court fees, etc.)?
If you’re on a budget or time-limited consultation, it may be best to ask about fees early on. Otherwise, you might save this conversation for the end, once you’ve gauged whether the attorney is a strong fit.
Choosing the Right Child Custody Lawyer
Choosing the right custody attorney starts with asking the right questions. Look for someone whose values align with yours, who has experience in cases like yours, and who communicates clearly and realistically about potential outcomes. The answers you get will help you determine legal competency and whether the attorney is prepared to advocate fiercely and effectively for you and your child.
