Solving legal problems throughout WNY

Family Court touches some of the most personal and important matters in a person’s life: their children, their safety, and their financial stability. The court’s reach is broad, covering custody and visitation, child and spousal support, family-offense (order of protection) cases, paternity, and neglect and abuse proceedings. As experienced family law lawyers in Buffalo, Sunil Bakshi and Joseph Leta help families across Buffalo and Western New York navigate these matters with clarity and care. Because family and matrimonial issues so often overlap, the firm also guides clients through divorce and the financial side of ending a marriage, so you have one experienced team for every stage.
For many families, Family Court is also the most cost-effective and practical place to resolve their issues. Unlike a Supreme Court divorce, a Family Court proceeding can address custody, support, or a family offense directly and on its own, without the time and expense of a full divorce action. Understanding which court fits your situation is one of the first things we help clients sort out.
Family law issues rarely arrive one at a time. A single change in a family’s circumstances, such as a separation, a new job, or a relocation, can raise questions about custody, support, and parenting time all at once. We help clients see how these pieces fit together so that the solution to one problem does not create another. Whether your matter involves a single issue or several intertwined ones, our goal is the same: a clear, durable result that protects you and your children.
Family Court handles custody and visitation for both marital and non-marital children. You do not have to be divorced, or ever have been married, to ask the court to establish a custody arrangement. New York recognizes two distinct kinds of custody. Legal custody is the authority to make major decisions about a child’s health, education, and upbringing, while physical or residential custody concerns where the child primarily lives. Either can be shared jointly or awarded primarily to one parent.
Every custody and visitation decision is guided by one overriding standard: the best interests of the child. The court looks at the stability each parent can offer, the child’s relationship with each parent, each parent’s willingness to foster the child’s bond with the other parent, and many other factors. We work to secure a parenting schedule that protects your child’s well-being and preserves healthy relationships on both sides.
Visitation, now often called parenting time, is a central part of most custody cases. Even when one parent has primary residential custody, the other parent is usually entitled to a meaningful, predictable schedule of time with the child. We help parents craft schedules that work in the real world, accounting for school, holidays, summers, and the practical logistics of two households, so that children enjoy stability and both parents know what to expect.
Family Court is where many support matters are established and enforced. Child support in New York is set under the Child Support Standards Act, which applies a percentage of the parents’ combined income according to the number of children, then accounts for health insurance, unreimbursed medical expenses, and child-care costs. Spousal support, financial support between spouses who are not yet divorced, can also be sought in Family Court.
We help clients on both sides of a support case. For a parent seeking support, we make sure the obligation is calculated correctly and reflects the law. For a parent who owes support, we work to ensure the amount is fair and based on accurate income figures. And when an existing order is being ignored, Family Court provides enforcement tools to compel compliance.
Getting the support figure right at the outset matters enormously, because an order that is set too high or too low can strain a family for years. We take the time to make sure income is documented accurately, that the proper add-on expenses are accounted for, and that the final number reflects what the law actually requires. When circumstances later change, such as a job loss, a raise, or a child’s new medical or educational needs, we help clients return to court to seek a modification so the order keeps pace with real life rather than locking a family into terms that no longer make sense.
Equitable distribution is the classification of marital and separate property and the ultimate distribution of marital assets in accordance with the laws of equitable distribution. Before anything can be divided, every asset and debt must be identified and classified as either marital property, which is generally what the spouses acquired during the marriage, or separate property, such as assets owned before the marriage or received by gift or inheritance. Marital property is then distributed equitably, which means fairly under the circumstances rather than automatically down the middle. Courts weigh factors such as the length of the marriage, the income and contributions of each spouse, and the value of any separate property. We help clients identify, value, and classify the marital estate, including the marital residence, retirement accounts, pensions, businesses, and debts, so the final result reflects what the law actually requires.
When one family or household member is being harassed, threatened, or harmed by another, Family Court can issue an order of protection through a family-offense proceeding. The court can grant a temporary order quickly to address an immediate concern, and a longer-term order after a hearing. These cases are serious for everyone involved, both for the person seeking protection and for the person accused, whose rights and reputation are at stake.
We represent clients on both sides of these proceedings. If you need protection for yourself or your children, we help you present your case clearly and obtain the relief the situation calls for. If you have been accused, we make sure your side is heard and your rights are defended, because an order of protection can carry significant and lasting consequences. Because a family-offense allegation can sometimes overlap with criminal charges, having counsel who understands both Family Court and the criminal courts is a meaningful advantage, and it is one we bring to every case of this kind.
Paternity proceedings establish the legal parent of a child, which is the foundation for custody, visitation, and child support when the parents were never married. Establishing paternity can be important for many reasons beyond support. It secures a child’s right to a relationship with both parents and to benefits such as health insurance and inheritance. We assist parents in establishing or contesting paternity and in resolving the custody and support issues that follow. Whether you are a father seeking to secure your rights or a mother seeking to establish support, we help you navigate the process and protect your child’s interests.
Few proceedings are more serious than a neglect or abuse case, in which the welfare of a child is directly at issue. These matters move quickly and carry profound consequences for families. Anyone involved in such a proceeding deserves knowledgeable counsel who understands what is at stake and how the process works. We approach these sensitive cases with the seriousness and discretion they demand.
Family Court matters in our area are heard primarily in Erie County and Niagara County, each with its own procedures, calendars, and personnel. Knowing how each court operates, and what each judge expects, allows us to move cases forward efficiently and prepare clients for what lies ahead. A few features of Family Court practice are worth keeping in mind:
A family law order is only as good as a family’s ability to rely on it. When an ex-partner stops paying support or refuses to honor a parenting schedule, Family Court offers remedies to enforce the order and hold the other party accountable. And because families change over time, the court also allows orders to be modified when there has been a substantial change in circumstances, such as a relocation, a significant shift in income, or a change in a child’s needs. We help clients pursue both enforcement and modification when life makes them necessary.
Many family law issues can be handled either in Family Court or as part of a divorce in Supreme Court, and choosing the right venue can make a real difference in cost and outcome. Couples who are ending a marriage often resolve custody and support within the divorce itself, while parents who were never married, or who need to address a single issue quickly, frequently turn to Family Court. If your situation involves the end of a marriage, our divorce page explains that process in detail, and couples who hope to resolve matters cooperatively may want to consider divorce mediation as well. We help you weigh these options and choose the path best suited to your goals.
From our Williamsville office on Main Street, Bakshi & Leta handle matrimonial and family law matters throughout Buffalo and Western New York, including Amherst, Cheektowaga, Tonawanda, Clarence, West Seneca, Orchard Park, Lancaster, Hamburg, Lockport, Niagara Falls, and the surrounding towns and villages of Erie and Niagara Counties. Whether your matter belongs in Family Court or is part of a matrimonial action in Supreme Court, we bring the same preparation and the same steady, compassionate guidance to every client. Family questions are rarely simple, and the right counsel can make a stressful process far more manageable. If you are facing a custody dispute, a support issue, an order of protection, or the end of a marriage, we are ready to listen and to help you protect what matters most. Call (716) 631-0004 for a confidential consultation about your matrimonial or family law matter.
Family law questions
Call (716) 631-0004 for answers specific to your situation.
New York recognizes legal custody, which is the right to make major decisions about a child’s health, education, and welfare, and physical or residential custody, which is where the child primarily lives. Either type can be shared jointly or granted primarily to one parent, and every arrangement is decided based on the best interests of the child.
New York calculates child support under the Child Support Standards Act, which applies a percentage to the parents’ combined income based on the number of children. In addition to the basic obligation, the court addresses health insurance, unreimbursed medical costs, and child-care expenses. The amount can be adjusted later if there is a substantial change in circumstances.
An order of protection is a court order, available in a family-offense proceeding, that directs one person to refrain from certain conduct toward another, such as harassment, threats, or contact. Family Court can issue a temporary order quickly and a longer-term order after a hearing. These matters are taken very seriously and can have lasting consequences for everyone involved.
Yes. Custody, parenting time, and support orders can be modified when there has been a substantial change in circumstances since the order was issued, such as a relocation, a significant change in income, or a change in a child’s needs. The court again applies the best-interests standard for custody and the statutory guidelines for support.
From custody to support to orders of protection, we are ready to help. Call for a confidential consultation today.