From Casetext: Smarter Legal Research

In the Matter of Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 662 (N.Y. App. Div. 2005)

Opinion

2003-07824.

February 28, 2005.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Boggio, R.), entered July 8, 2003, which, after a hearing, granted the father's motion to modify the visitation provision contained in an order of the same court entered October 3, 2001.

Ordered that the order is affirmed, without costs or disbursements.

Before: H. Miller, J.P., Cozier, S. Miller and Fisher, JJ., concur.


Contrary to the mother's contention, there was a sound and substantial basis for the Family Court's modification of the visitation provision contained in the order entered October 3, 2001 ( see Eschbach v. Eschbach, 56 NY2d 167, 171; Friederwitzer v. Friederwitzer, 55 NY2d 89, 93-95; Matter of Taylor v. Lumba, 309 AD2d 941; Mauter v. Mauter, 309 AD2d 737; Matter of Morash v. Minucci, 299 AD2d 486). Furthermore, there was no evidence presented at the hearing which warranted the ordering of a psychiatric evaluation of the child ( see Guevara v. Guevara, 132 AD2d 596).


Summaries of

In the Matter of Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2005
15 A.D.3d 662 (N.Y. App. Div. 2005)
Case details for

In the Matter of Martin v. Martin

Case Details

Full title:In the Matter of SHELDON MARTIN, Respondent v. LOIS P. MARTIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 2005

Citations

15 A.D.3d 662 (N.Y. App. Div. 2005)
789 N.Y.S.2d 914

Citing Cases

McDonald v. McDonald

uire the court to engage in a change-of-circumstances analysis in determining the permanent award after a…

In Matter of Attallah N. v. Shamm L

Contrary to the father's contention, the Family Court providently exercised its discretion in denying,…