Opinion
Submitted June 25, 1999
October 18, 1999
In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from (1) an order of the Family Court, Westchester County (Braslow, J.).
ORDERED that the orders are affirmed, with one bill of costs.
Contrary to the father's contention, the Family Court did not err in dismissing his petition for a change of custody without first conducting a hearing (see, Matter of Ann C. v. Debra S., 221 A.D.2d 338; Matter of Wolfer v. Dame, 207 A.D.2d 898, 899). 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). Here, the Family Court, which had a familiarity with the history of the case, properly determined that the father failed to make a showing sufficient to warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778, 779).
The father's remaining contentions are without merit.
S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.