RIEDEL v. RIEDEL

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

Contrary to the mother's contention, the Supreme Court properly denied, without a hearing, her petition to modify the visitation provisions of the Florida judgment of divorce. "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 Molinari v Tuthill, 59 AD3d 722, 723; see Matter of Shockome v Shockome, 53 AD3d 618, 619). A person seeking a change in visitation is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing ( see Matter of Rodriguez v Hangartner, 59 AD3d 630; Matter of Mennuti v Berry, 59 AD3d 625; Matter of Hermanowski v Hermanowski, 57 AD3d 777, 778). Here, the mother failed to make an evidentiary showing of a subsequent change in circumstances sufficient to warrant a hearing.

The mother's remaining contentions are without merit.