Navigating the process of creating a custody arrangement can be extremely difficult for everyone involved. In addition to all the difficult decisions attached to the separation process, debt, asset, and property distribution, you now have to decide on a custody arrangement. Even if your divorce wasn’t contentious, emotions tend to run high when it comes to the future of your children. If you had a high-conflict divorce, it can feel impossible to fathom embracing a custody arrangement with your ex.
As challenging as separating from your spouse is, it’s just as challenging – if not more so – for your children. Depending on the age of your children, they might struggle to understand the reasons for the emotional and physical divide between you and their other parent. It’s crucial that you tread lightly with custody matters so that you can lessen the impact of your separation on your child’s life. When you need help creating a custody arrangement, the Durham custody lawyers at Triangle Smart Divorce are ready to advocate diligently for you and your children’s future.
What Are The Different Types Of Custody?
While there are two main types of custody in North Carolina, it’s important to remember that every child is unique, so what works for one family, might not work for another. A good custody attorney will help you come up with a custody arrangement that’s tailored to you and your family’s specific needs.
Legal Custody
Legal custody relates to which parent will make the important decisions in your children’s life when it comes to matters like healthcare, education, religion, and more. One parent can have sole custody, or it can be shared. We usually see parents share this responsibility jointly, unless one parent has a history of domestic or substance abuse.
Physical Custody
Physical custody relates to where the children physically live and spend their time. Like legal custody, one parent can have this responsibility solely, or it can be shared jointly. Even when you have joint physical custody, it doesn’t mean the children will split their time 50/50.
There are several different combinations of custody that you can pick from to fit your family’s situation and meet the needs of your children. It’s important to remember that custody isn’t permanent, and it can be modified if necessary at any point in time.
Mediation is a process that we highly recommend to our custody clients, and in North Carolina, it’s actually a requirement. If you work matters out in private mediation, you can avoid the court’s mediation process. We like this option because it allows you and your co-parent to come together and make decisions based on what you know is best for your child rather than leaving it in the hands of a judge who doesn’t know your family. We also find it creates a more stable, civil environment for your child throughout the process, in addition to saving you time and money.
High-Conflict Custody
While our hope for you is that you can handle custody matters outside of court, we understand that isn’t always a realistic option. You may have an uncooperative ex who doesn’t want to work collaboratively with you for the sake of your child, or your former spouse might have a history of domestic violence, substance abuse, or another extenuating circumstance. If that is the case, we know how to protect you and your family, and we’ll equip you with the tools you need to put up boundaries and close this chapter of your life successfully.
How Triangle Smart Divorce Can Help You
If it’s time to part ways with your co-parent and you want to create a custody arrangement that favors your child’s well-being, the Durham custody lawyers at Triangle Smart Divorce are ready to help you. We’ll explain your options, legal rights and responsibilities, and answer any questions you have so that you can gain peace of mind during this time of transition. We make your goals our top priority, and we strive to use our experience and knowledge to get you through the legal process as quickly and efficiently as possible. Call today to request a consultation and learn how we can help pave the way towards a steady future for your children.
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What Our Clients Say
There aren’t enough words to express what Ashley Fillippeli and her team have done for me… With calm focus, sharp legal skill, and an extraordinary amount of heart, Ashley helped me find my child… That moment would not have happened without Ashley, and my child would not have a father without her help.
Baseer Maroof
Triangle Smart Divorce is the best family law firm in the area, and I am so grateful to have had them on my side. Lisa, Diane, Lauren, Jessica and the whole TSD team were very knowledgeable, thorough and professional. They did an excellent job getting great results for me and my kids during very challenging circumstances.
Book Fanatic
Lauren did an excellent job representing me throughout this entire process. From start to finish, I felt confident trusting her guidance and decisions, and I always knew I was in capable hands. She was professional, knowledgeable, and supportive every step of the way. I would highly recommend Lauren and this law firm to anyone going through a custody battle.
Brian Sechrest
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Frequently Asked Questions
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.
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.
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.

