Opinion
Submitted April 20, 2000.
June 12, 2000.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Greenbaum, J.), dated December 8, 1997, which, without a hearing, denied the petition and dismissed the proceeding on the merits.
Robert E. Nicholson, Brooklyn, N.Y., for appellant.
Steven A. Feldman, Roslyn, N.Y., for respondent.
Mercedes Neira, Brooklyn, N.Y., Law Guardian for the child.
Before: DANIEL W. JOY, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court did not err in dismissing her petition for a change of custody without first conducting a hearing. Where it is possible, custody 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 parent seeking a change in custody is not automatically entitled to a hearing; some evidentiary showing must be made (see, Matter of Ann C. v. Debra S., 221 A.D.2d 338; Matter of Lynette L. v. Richard K.A., 210 A.D.2d 1005; Matter of Lenczycki v. Alexander, 209 A.D.2d 480, 481; Matter of Wolfer v. Dame, 207 A.D.2d 898). In the case at bar, the mother failed to make such a showing to warrant a hearing (see, Wurmlinger v. Freer, 256 A.D.2d 1069; Matter of Miller v. Lee, 225 A.D.2d 778; Lacarrubba v. Lacarrubba, 198 A.D.2d 354, 355).