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How much does it cost to file for child custody?
A standalone custody or visitation case costs from $0 to $435 to file in the states that publish a statewide figure. New York's Family Court charges nothing at all; California charges its standard $435 family-law first-paper fee. Every figure below comes from the official schedule named at the foot of the page.
First question: is custody part of a divorce?
If a divorce case is already open, custody is decided inside it and there is no second filing fee — you paid once, when the divorce was filed (see the divorce filing cost guide). A separate custody filing fee applies when there is no divorce: unmarried parents, a parent seeking an order after a divorce was finalized elsewhere, grandparents and other caregivers filing in their own right, and parents who married but never divorced and now need an enforceable schedule.
Verified standalone custody filing fees
| State | What you file | Filing fee |
|---|---|---|
| New York | Custody or visitation petition, Family Court | $0 — no filing fees in Family Court |
| Texas | Suit Affecting the Parent-Child Relationship (SAPCR), district court | $350 statewide consolidated structure |
| Oregon | Proceeding to determine custody or parenting time (ORS 109.103) | $301, charged to each side on first appearance |
| Florida | Family law petition, circuit court | Up to $295 statutory base (Fla. Stat. §28.241), plus county clerk charges |
| California | First paper in a family law matter (petition or request for order opening a case) | $435 |
Most other states fold a standalone custody case into their general family-law or civil filing fee, or set the fee county by county — the pattern the state guides flag wherever it applies. If your state is not in the table, its guide names the schedule to check rather than a number we could not verify.
Changing an existing custody order
Modifying an order is cheaper than opening the case, but it is rarely free:
| State | Modification / enforcement charge |
|---|---|
| California | $60 motion or order-to-show-cause fee, plus a $25 additional charge when the motion modifies or enforces custody or visitation |
| Oregon | $45 fee for a modification motion filed more than one year after the decree |
| Texas | $80 clerk's filing fee for a suit or motion for modification or enforcement (Tex. Fam. Code §110.002) |
| Florida | $50 reopen fee where the case has been closed at least 90 days (Fla. Stat. §28.241) |
| New York | $0 — modification and enforcement petitions are filed in Family Court, which charges no filing fees |
The costs around the filing fee
Service of process. The other parent must usually be served. A sheriff or constable is typically the cheapest route; a private process server typically charges $50–$100. Custody evaluations. Where a court orders one, the evaluator's charge is set by the court or the evaluator, not by a statewide fee schedule — no honest statewide figure exists, so we do not publish one. Certified copies of the final order, priced per the court record copy fee guide.
Can't afford the fee?
Every state has a fee-waiver procedure for filers who cannot pay — see the fee waiver guide. In New York the question never arises for Family Court custody cases, because there is no fee to waive.
Sources: New York Courts — Filing for Custody · California Statewide Civil Fee Schedule (Judicial Council, effective January 1, 2026), Gov. Code §§70670, 70677, 70678 · Texas Judicial Branch (OCA) District Court Fee Chart (rev. 11/03/2025) and Tex. Fam. Code §110.002 · ORS 21.155 (Oregon Legislature) · Fla. Stat. §28.241. Researched October 2026 — confirm current figures with the court clerk.
State figures: see each state guide for its named official source.