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Figuring out a custody arrangement that all parties agree to after a split can be mentally and emotionally draining. Even if you and your former spouse were on the same page when it came to your separation, custody matters can bring up a host of emotions that never arose during the separation process.
It’s important to remember that while this is difficult for you to navigate, it can be much harder for your children. This is a huge transition in their life, and it can be challenging for them to understand both the emotional and physical divide between you and their other parent. It’s important to handle matters like these delicately, so that you can lessen the impact that this shift can have on their well-being. When you need help creating an arrangement for your children, call Triangle Smart Divorce to work with experienced, compassionate Wake Forest custody lawyers. It’s our goal to come up with a plan that protects your children’s future.
What Are The Different Types Of Custody?
There are two types of custody in North Carolina, but it’s imperative to remember that no two families are the same, so an arrangement that might’ve worked for a friend’s family may not work for your own. We will help you find a solution that meets the needs of your family’s unique situation.
Legal Custody
This type of custody relates to which parent will have the primary authority to make important decisions in their children’s lives, like those regarding their education, medical care, religion, and more. We usually see parents share joint legal custody unless this would otherwise be inappropriate, like if one parent has a history of abuse.
Physical Custody
This type of custody relates to which parent the children primarily physically reside with. One parent can have sole custody, or joint physical custody can be shared. However, even if parents share joint physical custody, that doesn’t guarantee the children’s time with each parent will be divided 50/50.
If you and your co-parent are on amicable terms, mediation is a process that we highly recommend. It’s a more peaceful process for you, your children, and your co-parent to go through as it allows you to make decisions that are in the best interest of your child. It also helps you avoid unnecessary conflict by keeping your familial matters out of the court, where a judge, who doesn’t know you or your children, would make decisions that affect your family’s future.
In North Carolina, for all custody cases except for those involving abuse or other extenuating circumstances, mediation is a requirement. If you can work it out in private mediation, then you don’t have to go through the court’s mediation process at all, which can result in a better experience for you and your children.
If your ex is uncooperative and highly conflictive, or they have a history of domestic abuse or addiction, mediation likely will not be a feasible option. However, we know how to stand up for your parental rights and protect your family if that’s the case.
How Triangle Smart Divorce Can Help You
If you and your partner made the difficult decision to separate and need to create a custody arrangement, our Wake Forest custody lawyers can help you figure out your options and explain your legal rights and responsibilities. We understand how matters like these can be extremely overwhelming, so we strive to simplify the process of creating an arrangement by keeping your goals for your family at the forefront of all that we do.
If you want to avoid custody battle drama and begin a new chapter for yourself and your children, call Triangle Smart Divorce today to request a consultation.
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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.
We are here to help you succeed and protect what you value most.