Do I need a lawyer for child custody, and which court decides?

Do I need a child custody lawyer?

Not always. Courts publish custody forms and run self-help centers for parents without a lawyer, and mediation can help you reach an agreement. California's courts say every superior court has free legal help in family law, whatever your income, though any lawyer you speak with there is not your lawyer. California Courts

Talk to a child custody lawyer or a legal aid office if:

• there is family violence or abuse, or a child is in danger;
• the other parent has a lawyer;
• one of you plans to move far away;
• the parents live in different states or countries;
• you are asked to sign an agreement that would be binding.

Agreed, contested, emergency, moving or changing: which path is yours?

Which state's court decides? The 6-month home-state rule (UCCJEA)

A uniform law, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), decides which state's court can make a custody order. It does not decide who gets custody, only where the case belongs. Texas, Florida, New York and California all use it, with the same home-state rule:

• The home state comes first. The home state is the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the custody case began. For a child younger than 6 months, it is the state where the child has lived from birth. A period of temporary absence is part of the period.Tex. Fam. Code § 152.102(7) · Fla. Stat. § 61.503(7)
• The old state keeps its turn for 6 months. A state's court can make the first custody order if it was the home state within six months before the case began and a parent or person acting as a parent continues to live there, even though the child has left.Tex. Fam. Code § 152.201(a)(1) · Fla. Stat. § 61.514(1)(a) · N.Y. Dom. Rel. Law § 76
• Emergencies. A court where the child is present has temporary emergency jurisdiction if the child has been abandoned, or to protect the child, a sibling or a parent who is subjected to or threatened with mistreatment or abuse.Tex. Fam. Code § 152.204 · Fla. Stat. § 61.517
• The court that made the order keeps it. It keeps the power over the order until a court finds that the child and the parents no longer have a significant connection there, or that none of them lives there anymore.Tex. Fam. Code § 152.202

California also uses the act: its divorce and custody forms include the UCCJEA declaration, form FL-105. California Courts

Mediation and custody evaluations in California, Texas, Florida and New York

What does a custody case cost? Court fees and lawyer fees

Most custody orders are first made in a divorce, so the court fee to start a divorce is the first cost. The amounts below come from the checked fee table on Do I need a divorce lawyer?, with the amount for a case with minor children where the court lists one. A separate custody or parentage case can cost a different amount; the clerk can tell you.

• Can't afford the court fee? Every state lets you ask the court to waive its fees: in California, form FW-001. See fee waivers.
• No state publishes a price for a custody lawyer. Ask how they bill, what the retainer is, and get the agreement in writing; under the ABA model rule, money paid in advance stays in a client trust account until it is earned. ABA Model Rules 1.5(b), 1.15(c)
• An evaluation costs extra where the parents pay for it (above).

Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.

Check a lawyer's license in your state before you hire

Check the license before you pay a retainer. Use the official search of the state where the custody case is filed.

Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing

• Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
• Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
• A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
• A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.

Your first meeting with a custody lawyer: what to bring and ask

Bring the papers and a calendar of where your child has lived; ask:

• “Is your license active in this state, and how many custody cases have you handled in this county?”
• “Which state's court can hear our case, and why?”
• “Will the court send us to mediation, and could it order an evaluation?”
• “How do you bill, what is the retainer, and is it kept in a trust account until earned?”
• “What will the court fees be, and do I qualify for a fee waiver?”
• “What should I do, and not do, while the case is pending?”

Common questions about child custody lawyers

Official sources

1. Texas Family Code, Chapter 152: UCCJEA (§§ 152.102(7) home state, 152.201 initial jurisdiction, 152.202, 152.204 emergency) legis.texas.gov
2. Texas Family Code, Chapter 153 (§ 153.0071: mediation and arbitration) legis.texas.gov
3. Texas Family Code, Chapter 107 (§ 107.103: order for a child custody evaluation) legis.texas.gov
4. Florida Statutes § 61.503 (2026): UCCJEA definitions, home state flsenate.gov
5. Florida Statutes § 61.514 (2026): initial child custody jurisdiction flsenate.gov
6. Florida Statutes § 61.517 (2026): temporary emergency jurisdiction flsenate.gov
7. Florida Statutes § 61.20 (2026): social investigation and recommendations regarding a parenting plan flsenate.gov
8. Florida Statutes § 44.102 (2026): court-ordered mediation flsenate.gov
9. California Courts Self-Help Guide: Child custody evaluations courts.ca.gov
10. California Courts Self-Help Guide: What to expect from family court mediation courts.ca.gov
11. Child Welfare Information Gateway (HHS): Determining the best interests of the child (state statutes, current through September 2023) childwelfare.gov
12. California Courts Self-Help Guide: Relocating (moving away) with your child courts.ca.gov
13. California Courts Self-Help Guide: Court-based self-help services courts.ca.gov
14. California Courts Self-Help Guide: Divorce forms, including the UCCJEA declaration (form FL-105) courts.ca.gov
15. California Family Code § 3170: mediation of contested custody and visitation leginfo.legislature.ca.gov
16. Texas Family Code, Chapter 156: modification (§§ 156.101, 156.102) legis.texas.gov
17. Florida Statutes § 61.13001 (2026): parental relocation with a child flsenate.gov
18. New York Domestic Relations Law § 76: initial child custody jurisdiction (Article 5-A, UCCJEA) nysenate.gov
19. U.S. Department of Justice, OJJDP: The Uniform Child-Custody Jurisdiction and Enforcement Act (Bulletin, 2001, PDF) ojp.gov
20. Child Welfare Information Gateway (HHS): How to report child abuse and neglect childwelfare.gov
21. Child Welfare Information Gateway (HHS): Find help with a personal situation (domestic violence hotline) childwelfare.gov
22. Judicial Council of California: Statewide civil fee schedule, effective January 1, 2026 (PDF) courts.ca.gov
23. California Courts Self-Help Guide: Fee waivers (form FW-001) courts.ca.gov
24. Colorado Judicial Branch: List of fees coloradojudicial.gov
25. D.C. Superior Court: Family filing fees dccourts.gov
26. Miami-Dade Clerk of the Court: Family court (filing fees) miamidadeclerk.gov
27. Chatham County Superior Court Clerk: Civil intake fees chathamcountyga.gov
28. Hawaii State Judiciary: Court filing fees, family court (effective 6/17/22, PDF) courts.state.hi.us
29. Madison County Circuit Clerk: Divorce madisoncountyil.gov
30. Iowa Judicial Branch: Civil court fees (dissolution of marriage) iowacourts.gov
31. Michigan Courts: Circuit court fee chart (PDF) courts.michigan.gov
32. New Hampshire Judicial Branch: Circuit court filing fees (PDF) courts.nh.gov
33. New Mexico Courts: Dissolution of marriage with children, instructions (PDF) nmcourts.gov
34. New York CPLR 8018: index number fee nysenate.gov
35. New York CPLR 8020: fees for a request for judicial intervention and a note of issue nysenate.gov
36. Stark County Clerk of Courts: Frequently asked questions (filing deposits) starkcountyohio.gov
37. Philadelphia courts: Prothonotary fee schedule (PDF) courts.phila.gov
38. Utah Courts: Filing fees, effective May 6, 2026 utcourts.gov
39. Texas State Law Library: Divorce sll.texas.gov
40. North Carolina State Bar: Divorce, alimony and property division ncbar.gov
41. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
42. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
43. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
44. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
45. The Florida Bar: Lawyer Referral Service floridabar.org
46. New York State Bar Association: Lawyer Referral Service nysba.org
47. State Bar of California: certified lawyer referral services calbar.ca.gov
48. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
49. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
50. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
51. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
52. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
53. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
54. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
55. Maine: Maine attorney directory, as the ABA lists it maine.gov
56. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
57. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
58. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
59. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
60. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
61. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
62. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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