Fuquay-Varina, NC Custody Lawyers

In the midst of divorce, determining a custody arrangement can prove to be especially difficult. It’s already overwhelming to split up property and assets, but now you have to divy up the time you spend with your children and decide how you’ll share parental responsibilities. You might feel that finding the right path forward is impossible, and it’s likely that your emotions are amplified by the stress.

It’s important to remember that your separation isn’t difficult for just you and your spouse, but for your children as well. While they’ve been trying to process the emotional aspect of your split, they now have to get used to the physical changes that will take place in their day-to-day life. Even if your children are young and don’t quite understand what’s going on, they can still struggle to adjust to this big transition.

Triangle Smart Divorce can help you handle your custody matters with care. We understand how deeply personal and sensitive this kind of legal issue is, which is why our Fuquay-Varina custody lawyers will keep you and your children’s well-being at the forefront of all that we do. Call today to request a consultation and learn about your next steps.

What Are The Different Types of Custody?

There is no magic formula for custody arrangements that work for every family. Each child is different and has unique needs. That’s why it’s important to enlist the help of a seasoned custody attorney who will get to know you and your children so that they can help you create an arrangement best suited to their needs.

In North Carolina there are two types of custody: legal and physical. Legal custody refers to who can make important decisions on behalf of their child when it comes to medical care, education, religion, and more. We typically see parents share this responsibility jointly, unless there is an extenuating circumstance involved, like if one parent has a history of neglect or abuse.

Then there is physical custody. This describes which parent children physically reside with the majority of the time. This responsibility can be shared jointly or one parent can have sole custody. Even in a joint physical custody situation, this doesn’t mean that the children’s time will actually be split 50-50 down the middle. Physical custody arrangements are always unique, and really depend on the needs of the children.


If you and your co-parent are on amicable terms, we highly recommend the mediation process in order to create a custody arrangement collaboratively. In fact, in North Carolina, attempting mediation is a requirement unless there are extenuating circumstances at play. This process provides you and your spouse the ability to make decisions on behalf of your children together, rather than leaving it in the hands of a judge who doesn’t know you and your family. After all, no one understands your children quite like you do. Mediation can also save you time and money, and even eliminate some of the emotional stress that would otherwise be involved in a traditional custody process.

That being said, custody arrangements are not permanent, and modifications can be made if it’s necessary. For example, if you or your co-parent have a substantial change in your life, or in your children’s life, down the road, an attorney can help you modify your arrangement to fit your current circumstances.

High Conflict Custody 

While we prefer to take the high road when it comes to creating a custody arrangement, we know that this isn’t always an option. You may be in the process of divorcing somebody who is highly combative and intent on making the custody process as difficult as possible. You may also have an ex who has a history of domestic violence or substance-abuse, in which case you and your children need protection. We have extensive experience in handling personality disorders and volatile relationships, and we understand that what you’re going through can be frightening. That’s why we work diligently to protect you and your children and help you reach a favorable outcome as quickly and efficiently as possible. We will help you see past any toxic behavior on your co-parent’s part and fight for an arrangement that can keep you and your children safe.

How Triangle Smart Divorce Can Help You

If you and your spouse have made the difficult decision to divorce and you need to establish a custody arrangement, we’re here to guide you through the steps.  We can explain your legal options and parental rights, and answer any questions that you have. To us, you’re not just another client, your goals, and your children’s future is important to us. Allow us to apply our knowledge of North Carolina custody law to your case and work towards the ideal scenario for your family. Call now to request a consultation with one of our Fuquay-Varina custody lawyers.


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"Across three states, Jenny was hands-down the best divorce lawyer I worked with! Authentic, savvy, insightful, tough, empathetic and effective. Can ’t say enough good things about her."


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"The entire staff at Triangle Smart Divorce has been wonderful. My divorce has been extremely complicated and difficult, they have helped and been successful at every turn. They are more than competent and are also very compassionate individuals. They will and do walk you through each and every step to obtain the best results for you. An amazing team!"


Former Client

"I would rate everything about my experience with Triangle Smart Divorce as 5 stars. The hardest step of any big decision is the first step. Jessica set the tone from the very first phone call. She was compassionate, calming and reassuring. The whole team has continued to work to maintain a supportive environment during the most difficult time of my life. I’m very grateful."


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Former Client

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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.

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