Opinion
2002-11029.
Decided March 1, 2004.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Wright, J.), dated November 6, 2002, which denied her petition to modify an order of the same court (Knipps, J.) dated September 11, 2000, awarding the father custody of the parties' child, and dismissed the petition.
Peter Dailey, New York, N.Y., for appellant.
Edward E. Caesar, Brooklyn, N.Y., for respondent.
Monica Drinane, New York, N.Y. (Eva Pappadopoulos of counsel), Law Guardian for the child.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Custody of a child should be established on a long-term basis, "at least so long as the custodial parent has not been shown to be unfit, or perhaps less fit, to continue as the proper custodian" ( Obey v. Degling, 37 N.Y.2d 768, 770). A noncustodial parent seeking a change of custody is not entitled to a hearing without making some evidentiary showing sufficient to warrant a hearing ( see Matter of Coutsoukis v. Samora, 265 A.D.2d 482; Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778; Matter of Ann C. v. Debra S., 221 A.D.2d 338; David W. v. Julia W., 158 A.D.2d 1, 7). Under the circumstances of this case, the Family Court properly denied the mother's petition without a full evidentiary hearing.
The mother's remaining contentions are without merit.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.