Seeking Custody or Visitation in Family Court
© 1997 by Neighborhood Legal Services, Inc.
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Where do I go if I am seeking custody or visitation of my child?

We recommend that you use the Family Court at 25 Delaware Avenue in Buffalo.

Will Neighborhood Legal Services handle my case?

Probably not. In any action affecting custody, a parent who cannot afford a lawyer has the right to have the court appoint a lawyer. In Erie County Family Court, the Court will usually appoint a lawyer for a parent who cannot afford a lawyer in a contested visitation action.

Generally Neighborhood Legal Services does not represent clients in cases where a court appointed lawyer is available. Instead we are providing you with information on how to obtain assigned counsel.

How do I start a proceeding in Family Court?

Go to the Family Court Legal Division, Room 404, 25 Delaware Avenue, Buffalo, New York. Tell the receptionist you want to petition for custody or visitation.

What will the receptionist do?

The receptionist will check the Family Court records to make sure there has been no previous court order in the case and that there isn't a court case pending. Then you will meet with an intake worker who will prepare the petition for you.

How do I get a court appointed lawyer?

When you go to court for the first time, tell the Judge you need a lawyer but can't afford one. Ask the Judge to appoint a lawyer for you. The Judge will set a new date for you to come back to court with the lawyer. The Judge's clerk should give you a slip referring you to the Office of Assigned Counsel, 670 Statler Towers, 107 Delaware Ave.,Buffalo, New York.

What do I do with the referral slip?

Take that referral slip and proof of your income to the Office of Assigned Counsel.

What will the Office of Assigned Counsel do?

That Office of Assigned Counsel will check to be sure that your family's income qualifies you for free legal services. If you do qualify, that office will contact a lawyer to represent you. That lawyer should contact you before the next court appearance.

What if the Office of Assigned Counsel doesn't give me a lawyer?

Call us back as soon as possible.

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