Buffalo Child Custody Attorney

Finding Solutions for You & Your Family

Child custody is one of the most sensitive parts of family law cases and requires careful consideration and professional insight. At DePrima Law, our Buffalo divorce lawyer has been in practice for more than 14 years and during this time has helped countless families reach resolutions both in and out of the courtroom. Since these cases are particularly sensitive and the results have a considerable impact on both the life of you and your child, it’s important that you seek out a well-qualified legal counsel. You want a knowledgeable advocate looking out for the best interests of you and your child.

Get started by scheduling a consultation at DePrima Law with our child custody attorney in Buffalo at (716) 638-2633!

New York Legal & Physical Custody Laws

Child custody laws differ depending on the state where your case is being handled. In the state of New York, child custody is broken up into two forms: legal custody and physical custody. Legal custody gives a parent the right to make the important decisions in regards to their child. One of the main areas we see this handled is in medical care. Legal custody can be shared or it may be awarded to one parent, depending on the circumstances.

Physical custody is the right and responsibility a parent has to provide physical care of the child. This can also be awarded to one parent or may be divided between the two. It is often not a question of whether the parents will share parentng time, but rather "how" parents will share parenting time. It is not always 50/50, and there is no one-size-fits-all answer. Every family is unique in their needs.

The Evidentiary Hearing Process

These decisions can be made together by a couple but when they are unable to come to an agreement together, the decision may be left to the court during an evidentiary hearing.

When a case goes before the court, the judge will consider a number of factors, but their focus is on what is best for the child.

The process of an evidentiary hearing or trial includes:

• Each parent may give their testimony
• Other witnesses may be called to give testimony
• Those giving testimony will swear they are honest and factual
• The judge may read caseworker reports and other expert reports if they are available
• The child and the judge may speak in private
• The judge will consider what they believe is best for the child
• Once everything is heard, an order is given stating custody and visitation rights

Our Buffalo divorce lawyer at DePrima Law is extremely familiar with the state laws on child custody and the legal process by which it is determined. We work with couples to help reach a resolution together, but in cases where this cannot be done, we are more than capable of taking a case before the judge in court.

If you are going through a divorce, don’t hesitate to contact us for capable, compassionate representation.