Family Custodial and Visitation Issues

The parent with physical custody is called the “custodial parent” and the other parent is the “noncustodial parent”. Parents are free to work out their own visitation agreements, but when parents can't agree, a court will issue a visitation order.

Fighting For Your Visitation Rights

Visitation Rights Attorneys


When children are involved in a divorce, the situation can quickly escalate into a stressful matter. Reaching an amicable resolution for families is key and can help avoid the need for modifications to a divorce decree in the future. When you work with The Law Offices of Smith & Messina, we will fully address all legal needs you have and work to protect your child's best interests. Developing a legal strategy to help you obtain a favorable outcome for child custody and visitation schedules is important. We may be able to assist you. At our firm, we address all of your concerns and establish an effective approach that can help you settle your custody needs quickly and efficiently. If your case must proceed to court, we can present a convincing case for your best interests so that the judge may rule in your favor.

Differentiating Between Types Of Child Custody

There are two types of child custody in New York: legal custody and physical custody. Legal custody allows one parent the right to make decisions on behalf of the child, and physical custody determines where the child will primarily live. Parents can share legal custody in a joint custody arrangement. In deciding custody, a court always rules in the child's best interests. A few factors are typically taken into consideration, including:


  • Relationships between the parent and child
  • Which parent has been the main caregiver
  • Physical and mental health of the parents
  • History of domestic violence within the family
  • Relationships that the child has with siblings
  • Income level of both parents
  • Where the parents live in relation to schools, other family members, etc.

In some situations, a child can have a say in with which parent they would like to live, but it is still up to the court to issue a custody order. Once custody is established, the court can work with you and your attorney to develop a visitation schedule that will satisfy all parties' needs.

Visitation Agreements For Non-Custodial Parents

There are actually a few types of visitation agreements that can be enforced by a court. Not all visitation orders include a simple drop-off, pick-up schedule. Some visits may require a third-party be involved for monitoring of the child and parent. Depending on the situation of the case, your individual visitation schedule may vary; however, it is always important to remember that each parent's involvement in a child's life is deemed valuable, and cooperating with a court's visitation schedule can avoid enforcement complications.
Parents who are going through an amicable divorce, such as a no-fault divorce, may be able to work out a schedule that fits their needs and may have more flexibility with alternating days or settling move-away cases. Other parents may be required to have a supervisor or mental health professional present during specific visitation hours. Regardless of the visitation schedule you are seeking, working with a divorce lawyer can help you complete the process successfully.




Contact A Trusted Buffalo Child Custody Lawyer


Sometimes, child custody cases can get out of hand and emotions can run wild - there is a reason why these cases are sometimes referred to as "custody battles." By working with a divorce attorney, you can rest assured that your case is being handled professionally and efficiently. At The Law Offices of Smith & Messina, we'll work to address all concerns that families may have regarding child custody and visitation.
The sooner you retain our legal services, the sooner you can begin taking the necessary steps you need to help your family reach the outcome you desire. If you have questions or concerns regarding your situation and how working with a Buffalo family law attorney can help you, do not hesitate to contact us right away. You can click below to call us now.

Child Custody Attorneys

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