Lawyers in Buffalo NY / Buffalo Child Custody Lawyers
Justice doesn’t sleep. We’re here to help.  We don’t need to have physical contact to get you the help you need.  We offer virtual assistance via live chat, email, text, phone and video conference.  Contact our experienced Buffalo child custody lawyers for legal help. 

Buffalo Child Custody Lawyers

Experienced Child Custody Attorneys in Buffalo, NY

When a married couple with children obtains a divorce, one of the more complicated and contested parts of the divorce process is often child custody. Since the parents are no longer living together, they must split their time spent with the child. Download Our Free Family Law Guide New York law has no set rule for dividing. Instead, the court will follow the overarching principle of doing what’s in the child’s best interest. With no set “formula,” it’s easy to see how difficult it can be to determine child custody rights among parents. At Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., our experienced Buffalo child custody lawyers understand that not only is it inherently difficult to decide how a child should be raised by parents living apart, but we know how personal and important this legal dispute can be. The following is an overview of New York’s child custody laws to help you better understand how the process works. If you have questions, contact our Buffalo child custody lawyers for answers.

Types of Child Custody

There are two primary types of child custody in New York: physical custody and legal custody. Physical, or residential custody refers to where a child lives. Legal custody refers to a parent’s right to make important decisions about the child’s life. The three major types of decisions that usually fall under legal custody include the child’s health, religious upbringing, and schooling. Both physical and legal custody can be “sole” or “joint.” Sole legal custody means only one parent can make the major decisions about a child, and joint legal custody means both parents have equal say in making major decisions about the child’s upbringing. Similarly, sole physical custody means the child will spend all or a large majority of the time with one parent (the custodial parent) while the non-custodial parent has visitation rights. Joint physical custody means the child will spend an equal amount of time (or as close to 50/50 as possible) living with each parent.

How the Court Makes Child Custody Decisions

While both parents have legitimate interests in a child custody battle, these come after the child’s interests. What constitutes “best interests” will depend on the particulars of each case. Courts will consider:
  • The wishes of the child (the amount of weight the court will give to the child’s wishes will depend on the child’s age).
  • Which parent has served as the primary nurturer for the child.
  • The parenting ability of each parent.
  • Any history of child or domestic abuse.
  • Any history of substance abuse.
  • How well the parents get along with each other.
  • The physical and mental health of each parent.
  • Each parent’s work schedule.
The court will not consider the following factors in determining child custody:
  • The parents’ religion.
  • The parents’ race.
  • Sexual orientation of the parents.
  • Sexual behavior of the parents, including situations where adultery served as the grounds for the divorce.
But if any of the above parental factors will adversely affect the child’s best interest, then the court may consider it. Download Our Free Family Law Guide

Custody Orders

The court doesn’t always have to get involved in custody decisions. In an uncontested divorce, a court only has to grant the divorce, and there isn’t any need for a judge to determine property division, spousal support, and child support. Likewise, if the parents can agree how to divide the child raising time and duties, the court won’t need to make a decision about child custody. But if the parents don’t agree on child custody, then the court steps in and issues a custody order.

How the Court Issues a Custody Order

In these cases, the court will order a hearing and take testimony from both parents. The court may also have other witnesses testify, such as mental health professionals who have treated the child or parents, relatives of the child, and the child’s teachers. If necessary, the court may conduct further investigation, such as sending mental health professionals or social workers to see the parents’ homes and interview anyone else living there. After examining all the evidence,the judge will make a decision and issue the custody order.

Can a Parent Change a Custody Order?

Parents can change a custody order, but only after demonstrating a significant change in circumstances. Courts prefer not to have children go back and forth between parents more than necessary and will only modify its original custody order if it has a really good reason for doing so.

Contact Our Experienced Buffalo Child Custody Lawyers

Donna HaslingerIn many situations, a court is in the difficult position of trying to figure out how to split a child’s time between the parents, but it’s not always easy to figure out what’s in a child’s best interests. If you’re facing a child custody decision, seek an experienced attorney who understands the process and is familiar with the factors judges consider in these cases. If you have a child custody dispute or questions about child custody, feel free to contact us through our website or call us at the number above. Our dedicated Buffalo child custody lawyers welcome the opportunity to serve you and your family. Download Our Free Family Law Guide

    Contact Us


    By providing your phone number, you agree to receive text messages from Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. Message and data rates may apply. Message frequency varies. If you wish to be removed from receiving future communications, you can opt-out by texting STOP, QUIT, END, REVOKE, OPT-OUT, CANCEL, or UNSUBSCRIBE.

     

    Client Reviews

    stars “Extremely professional, knowledgeable, and ethical firm. All my questions were answered almost immediately and I never felt like “just a number.” They truly care about their clients.” – Julie Momot Read More Reviews

    READ MORE ON THIS TOPIC:

    The Legal Implications of Common Law Marriage and Divorce in New York

    In some states, a couple can live together long enough that they’re seen as married [...]

    Read More
    How to Handle False Accusations in New York Family Law Cases

    Facing false accusations in a family law case is a deeply stressful and overwhelming experience. [...]

    Read More
    Understanding the Role of Family Court in New York State

    When you are going through a difficult time in your life and need legal help [...]

    Read More
    { “@context”: “https://schema.org”, “@type”: “Article”, “mainEntityOfPage”: { “@type”: “WebPage”, “@id”: “https://www.colesorrentino.com/buffalo-child-custody-lawyers/” }, “headline”: “Buffalo Child Custody Lawyers – New York Child Custody Attorneys”, “description”: “Experienced Buffalo child custody lawyers at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. provide aggressive representation for child custody disputes, visitation, and parenting plans with proven results. We understand New York’s child custody laws and work to protect the best interests of the child.”, “author”: { “@type”: “Organization”, “name”: “Cole, Sorrentino, Hurley, Hewner & Gambino, P.C.”, “url”: “https://www.colesorrentino.com/”, “hasCredential”: [ { “@type”: “EducationalOccupationalCredential”, “name”: “BV Distinguished Martindale-Hubbell Lawyer Ratings”, “credentialCategory”: “Professional Rating” } ], “knowsAbout”: [ “Child Custody Law”, “Family Law”, “Child Custody Disputes”, “Child Custody Agreements”, “Child Custody Petition”, “Temporary Custody”, “Sole Custody”, “Joint Custody”, “Legal Custody”, “Physical Custody”, “Residential Custody”, “Parenting Plan”, “Parental Rights”, “Visitation Rights”, “Parenting Time”, “Best Interests of the Child”, “Relocation Cases”, “Modification of Custody Orders”, “Enforcement of Custody Orders”, “Grandparent Visitation Rights”, “Third-Party Custody”, “Unmarried Parents’ Rights”, “Paternity Actions”, “Child Support”, “Child Abuse”, “Child Neglect”, “Abuse Allegations”, “Domestic Violence”, “Mediation”, “Arbitration”, “Court Orders”, “Court Proceedings”, “Family Court”, “New York Family Law”, “New York Child Custody Laws”, “Custodial Parent”, “Non-Custodial Parent”, “Shared Parenting”, “Custody Evaluation”, “Guardian Ad Litem”, “Parental Alienation”, “Emergency Orders”, “Contempt of Court”, “Ex Parte Hearings”, “Affidavit”, “Motion”, “Petition”, “Jurisdiction”, “Decree of Dissolution”, “Litigant”, “Final Order”, “Pro Se Representation”, “Pro Bono Services”, “Alternative Dispute Resolution”, “Parenting Coordination”, “Custody Mediator”, “Negotiated Settlements”, “Trial Advocacy”, “Court Appearances”, “Legal Consultation”, “Confidential Consultation”, “Free Consultation”, “Legal Representation”, “Family Law Attorneys”, “Experienced Lawyers”, “Buffalo Child Custody”, “Western New York Family Law”, “Erie County Family Court”, “Niagara County Family Court”, “Genesee County Family Court”, “Chautauqua County Family Court”, “Cattaraugus County Family Court”, “Child Welfare”, “Child’s Best Interests”, “Child’s Living Arrangements”, “Child’s Health Care Decisions”, “Child’s Education Decisions”, “Child’s Religious Upbringing”, “Financial Disclosure”, “Spousal Support”, “Alimony”, “Property Division”, “Marital Property”, “Separate Property”, “Divorce Proceedings”, “Separation Agreement”, “No-Fault Divorce”, “Contested Divorce”, “Uncontested Divorce”, “Legal Separation”, “Annulment”, “Civil Unions”, “Same-Sex Divorce”, “Prenuptial Agreements”, “Postnuptial Agreements”, “Legal Pleading”, “Discovery Process”, “Deposition”, “Subpoena”, “Temporary Restraining Order”, “Order of Protection”, “Relief from Abuse”, “Family Court Act”, “Domestic Relations Law”, “Custody and Visitation”, “Legal System”, “Judicial System”, “Courtroom”, “Case Filing”, “Evidence”, “Witness Testimony”, “Court Reporter”, “Legal Document”, “Client-Attorney Privilege”, “Professional Ethics”, “Legal Strategy”, “Case Management”, “Settlement Conference”, “Child Interview”, “Parenting Assessment”, “Family Assessment”, “New York State Bar Association”, “Erie County Bar Association”, “Appellate Court”, “Court of Appeals”, “Legal Aid”, “Parental Responsibility”, “Decision-Making Authority”, “Parental Agreement”, “Parental Conflict”, “Co-Parenting”, “Parallel Parenting”, “Custody Schedule”, “Holiday Schedule”, “Vacation Schedule”, “School Enrollment”, “Child’s Extracurricular Activities”, “Child’s Mental Health”, “Emotional Abuse”, “Physical Abuse”, “Sexual Abuse”, “Substance Abuse”, “Incarcerated Parent”, “Military Parent”, “International Child Abduction”, “Uniform Child Custody Jurisdiction and Enforcement Act”, “Uniform Interstate Family Support Act”, “Child Support Standards Act”, “Modification of Child Support”, “Enforcement of Child Support”, “Wage Garnishment”, “Medical Support”, “Daycare Expenses”, “Unreimbursed Medical Expenses”, “Deviations from Child Support Guidelines”, “High-Income Parents”, “Imputed Income”, “Voluntary Unemployment”, “Change in Circumstances”, “Child Emancipation”, “College Expenses”, “Post-Divorce Issues”, “Post-Judgment Litigation”, “Mediation-Arbitration”, “Court Liaison Officer”, “Change in Domicile” ] }, “publisher”: { “@type”: “Organization”, “name”: “Cole, Sorrentino, Hurley, Hewner & Gambino, P.C.” }, “spatialCoverage”: [ { “@type”: “City”, “name”: “Buffalo”, “containedInPlace”: { “@type”: “State”, “name”: “New York” } }, { “@type”: “City”, “name”: “Hamburg”, “containedInPlace”: { “@type”: “State”, “name”: “New York” } }, { “@type”: “City”, “name”: “Batavia”, “containedInPlace”: { “@type”: “State”, “name”: “New York” } }, { “@type”: “City”, “name”: “Niagara Falls”, “containedInPlace”: { “@type”: “State”, “name”: “New York” } }, { “@type”: “State”, “name”: “New York”, “containedInPlace”: [ { “@type”: “City”, “name”: “Cheektowaga” }, { “@type”: “City”, “name”: “Orchard Park” }, { “@type”: “City”, “name”: “Tonawanda” }, { “@type”: “City”, “name”: “Amherst” } ] } ], “mainEntity”: { “@type”: “FAQPage”, “mainEntity”: [ { “@type”: “Question”, “name”: “Who are the best child custody lawyers in Buffalo?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “The best child custody lawyers in Buffalo, New York are those who are knowledgeable in New York Family Law, have a proven track record of helping clients in child custody disputes, and prioritize the best interests of the child. Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. have extensive experience in this area.” } }, { “@type”: “Question”, “name”: “Do I need a lawyer for my child custody case in Buffalo?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Yes, it is highly recommended to consult with an experienced Buffalo child custody lawyer for your case. Child custody is often one of the most emotional and complex legal issues. A knowledgeable attorney can help you navigate the New York legal system, protect your rights, and work towards a resolution that is in the best interests of your child.” } }, { “@type”: “Question”, “name”: “How is child custody determined in New York?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “In New York, the court’s primary concern when determining child custody is the ‘best interests of the child.’ A judge will consider a variety of factors, including the child’s wishes (if they are of a sufficient age and maturity), each parent’s ability to provide for the child’s needs, and which parent has served as the primary caretaker. The court may also consider the mental and physical health of the parents, any history of domestic violence, and the stability of each home environment.” } }, { “@type”: “Question”, “name”: “What is the difference between legal custody and physical custody?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Legal custody refers to a parent’s right to make important decisions about a child’s life, such as their education, healthcare, and religious upbringing. Physical custody, also known as residential custody, determines where the child lives. A parent can have sole or joint legal custody, and sole or joint physical custody.” } }, { “@type”: “Question”, “name”: “Can a child’s wishes be considered in a custody case in Buffalo?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “Yes, a child’s wishes can be a factor in a New York custody case. While there is no specific age at which a child’s preference becomes decisive, a judge may give weight to the desires of a child who is old enough to articulate a reasonable opinion. However, the child’s preference is just one of many factors considered, and the final decision will always be based on what the court deems to be in the child’s best interests.” } }, { “@type”: “Question”, “name”: “How can I modify an existing child custody order?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “To modify a child custody order in New York, you must demonstrate a ‘significant change in circumstances’ since the original order was made. This could include a change in a parent’s living situation, a new job, a history of abuse, or a change in the child’s needs. The court will then evaluate the new situation to determine if a modification is in the child’s best interests.” } }, { “@type”: “Question”, “name”: “What is a parenting plan?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “A parenting plan is a written agreement or court order that outlines how separated or divorced parents will raise their children. It typically includes a parenting schedule that details when the child will be with each parent, and it may also address how holidays, vacations, and daily decisions will be handled. A well-structured parenting plan can help reduce conflict between parents and provide stability for the child.” } }, { “@type”: “Question”, “name”: “What happens if a parent violates a custody order?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “If a parent violates a child custody order in New York, the other parent can file a petition for enforcement. The court may order the violating parent to pay legal fees, compensate for lost visitation time, or may hold them in contempt of court. In serious or repeated cases, a violation could lead to a modification of the existing custody order.” } }, { “@type”: “Question”, “name”: “Do I have to go to court for a child custody dispute?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “While many child custody disputes are settled through mediation or a negotiated agreement outside of court, some cases require a judge’s intervention. If parents are unable to reach a resolution on their own, the case will proceed to court, where a judge will make a final determination based on what is in the child’s best interests. An attorney can help you explore both out-of-court and in-court options.” } } ] } }