How Much Does a Child Custody Lawyer Cost in California?
We bill child custody cases at $300 an hour, with new-case retainers typically running $4,700 to $7,500 depending on how contested the matter looks going in. An uncontested modification usually costs far less than a contested case headed toward a full custody trial. Initial consultations are free.
Last updated: September 2026
What Drives the Total Cost of a Custody Case?
Cost depends on how much the parents agree on going in. A simple modification to an existing parenting plan takes far less attorney time than a contested case with declarations, a hearing, and possibly a custody evaluation. Discovery, the number of court appearances, and whether the other parent is also represented all move the total.
We bill $300 an hour and quote retainers as typical, case-dependent ranges rather than fixed prices, because we don't know how contested a matter will become before we see the filings.
Typical Fees in This Office
| Fee Component | Amount |
|---|---|
| Hourly rate | $300 |
| Typical new-case retainer | $4,700 - $7,500 |
| Initial consultation | Free |
These are the only figures we quote, and they are not a guarantee of what a specific case will ultimately cost.
What If You Can't Afford an Attorney for Custody?
San Diego Superior Court's Family Court Services offers mediation aimed at helping parents reach a parenting plan without each side needing a lawyer present for that step. We prepare clients for that mediation session in advance, going over what the mediator typically asks and how to present a proposed schedule, though attorneys are not permitted inside the FCS session itself.
A free initial consultation is a way to find out what a case would likely involve before committing to a retainer at all.
Why Hire an Attorney Instead of Handling Custody Alone?
Custody paperwork filed incorrectly, or a declaration that leaves out what a judge needs to see, can slow a case down by months. We've practiced family law exclusively for more than 20 years and handled custody matters ranging from simple visitation-schedule tweaks to multi-day trials, appearing regularly at the Downtown San Diego, Vista, El Cajon, and Chula Vista family courthouses. Last year we closed a contested custody modification filed in Vista in about four months, from the initial filing to a signed order, once both parents' declarations were on record.
We work with families from Oceanside to Chula Vista on child custody matters, and Brian Burkett is admitted to the California State Bar (#220343, admitted 2002).
This article is general information about California family law, not legal advice, and reading it does not create an attorney-client relationship. For questions about a specific matter, text or call this office for a quick response.