Child Custody Attorney in Buffalo & Williamsville, NY
Your children’s relationship with you is worth fighting for. We bring deep knowledge of Erie County’s courts and a unique perspective from serving on both sides of the table.
How New York Decides Custody
New York courts determine custody based on the best interests of the child, applying the multi-factor standard established in Eschbach v. Eschbach (56 NY2d 167) and codified in DRL §§70 and 240. There is no presumption in favor of either parent based on gender, age, income, or any other single factor. Judges weigh the totality of circumstances.
Pieter Weinrieb serves on the Attorney for the Child panels in both Erie County and Niagara County, meaning he has been appointed by judges to represent children’s interests in custody proceedings — the same proceedings he is now advocating for parents in. That insider perspective on how child evaluators, judges, and AFCs think about custody cases gives Weinrieb Law a genuine strategic advantage.
Legal vs. Physical Custody
Legal custody is the right to make major decisions in the child’s life: education (including school choice), healthcare (including non-emergency medical decisions), religious upbringing, and extracurricular activities. Legal custody can be:
- Joint legal custody — Both parents share decision-making. The most common arrangement in Erie County for parents who can communicate civilly, even if they disagree frequently.
- Sole legal custody — One parent has final decision-making authority. Courts award sole legal custody when joint legal custody would expose a child to ongoing parental conflict, when one parent is absent or incapacitated, or when there is a history of domestic violence.
Physical custody refers to where the child primarily lives. Options include:
- Primary physical with one parent — The child lives mainly with one parent; the other parent has scheduled parenting time.
- Shared physical custody — The child splits time more evenly between both homes. True 50/50 splits are less common in Erie County because they require a high degree of parental cooperation and geographic proximity.
Best Interests Factors Courts Consider
Erie County Family Court and Supreme Court judges evaluate the following when determining custody and parenting time:
- Which parent has been the primary caregiver during the marriage
- The quality of each parent’s relationship with the child
- Each parent’s ability to foster and maintain the child’s relationship with the other parent
- The stability of each parent’s home environment
- The work schedules and availability of each parent
- The child’s established social, educational, and community ties
- The child’s own preferences, given weight proportional to age and maturity
- Any history of domestic violence, child abuse, or neglect
- The mental and physical health of each parent
- Each parent’s willingness to comply with court orders
- Substance abuse issues, if any
- Allegations of parental alienation or interference with the child’s relationship with the other parent
Parenting Plans and Schedules
A parenting plan is the detailed schedule embedded in a custody order specifying regular parenting time, holiday schedules, school breaks, vacation time, and procedures for handling exchanges, communication, and schedule changes. The more specific the parenting plan, the less room there is for future conflict.
A well-drafted parenting plan addresses: the regular weekly schedule; all major holidays and how they alternate; summer vacation allocations; school breaks (winter, spring, fall); each parent’s right to extended vacation; right-of-first-refusal provisions; communication methods and frequency; and procedures for medical emergencies and non-emergency decisions.
Modifying Existing Custody Orders
To modify a custody order, the parent seeking modification must demonstrate a substantial change in circumstances since the last order was entered — and that modification would serve the child’s best interests. Courts are reluctant to modify arrangements that are working. Common grounds include: a significant change in one parent’s living situation, a parent’s relocation, documented domestic violence or substance abuse that has emerged, a parent’s persistent interference with the other’s parenting time, or the child’s own changed needs as they age.
Frequently Asked Questions
At what age can a child choose which parent to live with?
New York law sets no specific age at which a child’s preference controls the outcome. Courts give increasing weight to a child’s preference as the child matures, and judges do take the views of teenagers seriously. However, a judge can — and regularly does — disregard a child’s stated preference if there are reasons to believe the preference is the product of parental pressure, manipulation, or a decision not in the child’s genuine best interest.
Can fathers get equal or primary custody?
Absolutely. New York Family Court Act §651 explicitly provides that custody decisions are made without regard to the sex of the parent. Fathers win primary custody and sole custody regularly when the facts support it. We represent fathers in custody proceedings and know exactly what the courts look for.
What role does the Attorney for the Child play?
The court may appoint an Attorney for the Child (AFC) in contested custody cases. The AFC is an attorney who independently represents the child’s interests and legal position — not just the child’s expressed wishes, but what the child’s best interests require. Pieter serves on both the Erie and Niagara County AFC panels, so he understands exactly how these attorneys build their case recommendations and present them to judges.
What happens if the other parent isn’t following the custody order?
Violations of custody orders are addressed through a violation petition in Family Court. Penalties can range from a formal warning to modification of the custody order to, in severe cases, the violating parent being held in contempt of court. We help clients document violations and file violation petitions when the other parent is consistently non-compliant.
How does domestic violence affect custody?
New York courts are required by statute (DRL §240(1)(a)) to consider domestic violence as a factor in custody determinations. Documented domestic violence can result in supervised visitation for the offending parent, no overnight visits, or, in severe cases, denial of visitation entirely. We work with clients who are survivors to ensure their safety and their children’s safety are reflected in the parenting plan.
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