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JENNINGS v. SMALL

Appellate Division of the Supreme Court of New York, Second Department.
Feb 10, 2009
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Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the father's petition because he failed to provide evidence of a sufficient change of circumstances since the entry of the order dated July 8, 2003 awarding custody of the subject child to the mother ( see Matter of Hernandez v Rodriguez, 42 AD3d 498, 499; Matter of Demmo v Demmo, 294 AD2d 362; Matter of Melissa FF., 285 AD2d 682).

There is no merit to the father's contention that the Family Court erred in not ordering a forensic evaluation prior to reaching its determination. The father did not request a forensic evaluation, and the record does not indicate that such an evaluation was necessary to enable the Family Court to reach its determination ( see Matter of Hernandez v Rodriguez, 42 AD3d 498; Matter of Diaz v Santiago, 8 AD3d 562).