Child Custody and Visitation

Protecting the most vulnerable members of your family
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Child Custody And Visitation Attorney In Rochester, New York

Finding Resolution In Difficult Times

Child custody cases are often the most emotionally charged aspect of a divorce or separation, and the outcome can significantly impact the well-being of your children and your relationship with them. Our firm is committed to helping parents reach fair and workable custody and visitation agreements that prioritize the best interests of the child while protecting your parental rights.

Contact Brian C. Buettner, Attorney At Law to schedule a consultation with a lawyer today. 585-454-1760

Types of Child Custody in New York

In New York, child custody is divided into two main categories:

  • Legal Custody: Legal custody refers to the right to make important decisions about the child’s life, including matters related to education, healthcare, religion, and extracurricular activities. Legal custody can be:
  • Sole Legal Custody: One parent has the authority to make all major decisions for the child.
  • Joint Legal Custody: Both parents share the responsibility for making important decisions about the child’s upbringing.
  • Physical Custody: Physical custody refers to where the child lives on a day-to-day basis. Physical custody can be:
  • Sole Physical Custody: The child primarily lives with one parent, and the other parent may have visitation rights.
  • Joint Physical Custody: The child spends substantial time living with both parents, though this doesn’t necessarily mean an equal split of time.

Resolving Custody Disputes

New York courts prioritize the “best interests of the child” when determining custody and visitation arrangements. Several factors are considered when making custody decisions, including:

  • Parental Fitness: The court will assess each parent’s ability to provide a stable, safe, and nurturing environment for the child. Factors such as mental and physical health, criminal history, and substance abuse issues may be considered.
  • Child’s Wishes: If the child is of a sufficient age and maturity, the court may take their preferences into account when making custody decisions, although this is just one factor among many.
  • Parental Involvement: The court will examine each parent’s involvement in the child’s life, including their ability to meet the child’s needs, involvement in their education, and the quality of the parent-child relationship.
  • Stability: The court will consider the stability of each parent’s home environment, including living conditions, work schedules, and the child’s need for consistency, particularly in terms of school and community.
  • Domestic Violence or Abuse: Any history of domestic violence, child abuse, or neglect will be carefully considered and may influence the court’s custody determination.
  • Siblings and Extended Family: The court may consider the child’s relationship with siblings, extended family, and other important people in their life when determining custody.


While it is always best for parents to reach an amicable agreement regarding custody and visitation, disputes sometimes arise. If you and your spouse or co-parent cannot agree on a custody arrangement, our firm is prepared to represent you in court. We have extensive experience negotiating custody settlements and litigating complex custody disputes. Our goal is to protect your parental rights while ensuring that the arrangement is in the best interests of your child. Contact Brian C. Buettner, Attorney at Law today for a confidential consultation. We will guide you through the process and work toward a solution that benefits both you and your child.

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Have Questions?

Call Brian C. Buettner, Attorney At Law at 585-454-1760 today to speak to an attorney.

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