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In the Matter of JAMES GANT, Respondent, v. SHEILA CHAMBLISS, Appellant.

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

"Custody determinations are ordinarily a matter of discretion for the hearing court, whose determination will not be set aside on appeal unless it lacks a sound and substantial basis in the record" ( Matter of Ortiz v Maharaj, 8 AD3d 574', 574 [2004]). Here, there was a sound and substantial basis for the Family Court's denial of the mother's petition to modify a prior order of custody dated October 24, 1996 ( see Matter of Reyes v Alvarado, 50 AD3d 1152). "`Modification of an existing custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child'" ( Matter of Mazzola v Lee, 76 AD3d 531, 531, quoting Matter of Leichter-Kessler v Kessler, 71 AD3d 1148, 1148-1149). The evidence in the record amply supported the Family Court's determination that the circumstances did not warrant a modification.

The Family Court's determination that supervised visitation by the mother would be in the child's best interests also had a sound and substantial basis in the record ( see Matter of Lorraine D. v Widmack C, 79 AD3d 745, 745-746; Matter of Anwar v Sani, 78 AD3d 827).

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IN RE GANT
(Jul 19, 2011)