Opinion
March 25, 1996
Appeal from the Family Court, Queens County (De Phillips, J.).
Ordered that the order is affirmed, with costs.
The Family Court awarded sole custody of the parties' child to the mother in April 1993, following a full hearing. The father unsuccessfully petitioned for a change of custody in March 1994, and he made the instant application for a change of custody in October 1994. The father's allegations regarding the mother's care of the child were referred to the Child Welfare Administration for investigation, and the agency issued a report which concluded that the allegations of neglect were unfounded. Following an in camera interview with the child and consideration of the evidence submitted by the mother in opposition to the application, the court granted her motion to dismiss the application without a hearing.
Where possible, custody of children 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 who seeks a change of custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing ( see, David W. v Julia W., 158 A.D.2d 1). We agree with the Family Court that the father failed to make a sufficient evidentiary showing to warrant a hearing on the application ( see, Matter of Ann C. v Debra S., 221 A.D.2d 338; Matter of Wolfer v Dame, 207 A.D.2d 898; David W. v Julia W., supra), particularly in view of the court's familiarity with the history of the case. Rosenblatt, J.P., O'Brien, Ritter and Goldstein, JJ., concur.