MATTER OF PATRICIA C. v. BRUCE L.


46 A.D.3d 399 (2007)

848 N.Y.S.2d 102

In the Matter of PATRICIA C., Respondent, v. BRUCE L., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 20, 2007.


A parent who seeks change of custody must make some evidentiary showing to warrant a hearing; it is not automatically granted (David W. v Julia W., 158 A.D.2d 1, 6-7 [1990]). In light of petitioner's failure to demonstrate any changed circumstances since the 2003 order granting custody to the father, or any evidence that he was an unfit parent (see Zima v Aguirre-Cotliar, 21 A.D.3d 828 ...

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