At Triangle Smart Divorce, our Benson custody lawyers understand how emotionally and logistically difficult it can be for parents to determine the right custody arrangement during and after a divorce. We’re here to help you navigate the path forward with confidence, no matter how high- or low-conflict your case may be.
Key Takeaways:
- In North Carolina, legal and physical custody are designed to try and keep both parents actively involved in their children’s lives, with the primary focus remaining on the kids overall well-being.
- Whenever possible, we encourage mediation, which offers parents a collaborative setting to develop a custody plan that supports their children’s needs while reducing the need for court involvement.
- For high-conflict custody cases, Triangle Smart Divorce attorneys provide strong and experienced advocacy to protect parental rights and prioritize the best interests of the family.
Divorce is hard enough, but when you’re concerned for your kids’ stability and the impact that a custody arrangement will have on their lives, the uncertainty can often be overwhelming. At Triangle Smart Divorce, we know how you’re feeling and what you’re going through – we’re parents, too. We’re passionate about helping you and your children make this transition with as little disruption to your lives as possible, so you can start the next chapter on a positive note!
You can trust our Benson custody lawyers to guide you with tailored advice and personalized attention, because no one knows what your family needs more than you. We will never try to convince you or talk you into a solution because it’s what we think you should do – you’ll be deeply involved in every step of the process.
Call today to schedule your initial consultation and learn more about what it’s like to partner with our skilled and experienced Team.
What You Need To Know About Custody In North Carolina
There are two basic components of custody in North Carolina – legal custody and physical custody. While legal custody refers to decision-making authority regarding the kids’ upbringing (such as where they go to school, what type of medical care they receive, what religions they participate in, etc.), physical custody refers to where the child resides the majority of the time.
Both physical and legal custody can be shared jointly by both parents, or allocated solely to one parent, but it’s important to note that joint physical custody does not always mean the parents will split time with the kids equally (50/50).
It’s the general presumption of the North Carolina courts that joint legal and physical custody is the arrangement that’s in the best interests of the children, as it allows both parents to be actively involved in their lives. However, sole custody will be considered if there is a serious concern for the kids’ safety or stability, such as in cases of documented abuse, violence, or neglect stemming from one parent. Depending on the circumstances, that parent may still retain visitation rights.
Our Benson custody lawyers will help you gain a clear understanding of all your options for legal and physical custody. We also work with you to prioritize your children’s current and future needs, creating a comprehensive plan that adapts as they grow and reduces potential challenges down the road.
How Our Benson Custody Lawyers Guide You Through Custody Challenges With Care And Mindfulness
Custody disputes can bring a lot of intense emotions, making it easy for situations to escalate quickly. Rest assured, we are committed to working diligently to keep everything on track. If conflicts arise, we’ll move quickly to refocus on what matters most. While we encourage our clients to approach the process with integrity and take the high road, we understand that cooperation requires effort from both sides, and sometimes there is a parent who is simply intent on disrupting the process in any way they can.
Even if you and your co-parent disagree on custody, mediation can provide a collaborative space to resolve conflicts and reach a solution that works for everyone. However, if your co-parent is unwilling to cooperate or fuels conflict, court intervention may be necessary. In such cases, our Benson custody lawyers bring 200+ years of collective experience, fierce litigation skills, and an unwavering commitment to protecting your family’s well-being.
Allow Us To Be Your Trusted Partner In Resolving Custody Disputes. Call Today!
No matter how amicable or contentious your custody case is, our priority will always be to guide your family toward the best possible resolution. If minimizing drama and keeping tensions low is possible, we’ll always do our best to accommodate a peaceful process, but if it isn’t, we will advocate on your behalf with strategic skill and proficiency.
Contact our firm today to request your initial consultation and learn more about how our Benson custody lawyers can give you an advantage.
Frequently Asked Questions About Custody In Benson, NC
Are parenting plans the same thing as custody agreements?
No. While the custody details are included in the parenting plan, this document (the custody agreement) is much more extensive, and covers other topics such as communication, exchanges, and more.
Can I seek a custody modification if my co-parent has been refusing to pay child support?
In most cases, failure to pay child support will not be a sufficient enough reason for the custody agreement to be modified by the court. However, our Benson custody lawyers can still step in to help you understand your options for enforcing the child support arrangement – book a consultation today.
How can criminal charges impact my custody case?
While having a criminal record does not automatically disqualify you from obtaining custody of your child, the court will heavily evaluate the nature, severity, and recency of any criminal activity you’ve been charged with (such as violent crimes, substance abuse-related crimes, and child-related offenses), as well as the evidence of rehabilitation, before making a decision regarding your custody case. Contact our Benson custody lawyers as soon as you are able so we can help you look at your options and help you toward the best resolution for your children and your family.





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IS IT WORTH IT TO GET A DIVORCE LAWYER?
A divorce lawyer may seem like an extra expense if both parties agree on the big decisions, but the details of a divorce can be complex and hard to navigate without an expert, and getting the agreement properly written ensures that everyone has the security and clarity they need to move forward with their lives. It’s better to do it right the first time than have to keep going back and fixing mistakes. And, in some cases, you may not be able to fix your mistakes.
WHAT QUESTIONS SHOULD YOU ASK A DIVORCE LAWYER?
You should ask a potential divorce lawyer about their prior experience with cases like yours, their approach to negotiations when couples reach a disagreement, and their personal success rate in arriving at a resolution through negotiation and/or mediation.
WHAT CAN YOU NOT DO DURING A DIVORCE?
You cannot have one lawyer serve both parties in a divorce. This would be a conflict of interest. It’s incredibly important that each party feels their individual needs are represented and voiced, and that cannot be done with a single lawyer serving as the representative for both parties.
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