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HERNANDEZ v. RODRIGUEZ

Appellate Division of the Supreme Court of New York, Second Department.
Jul 17, 2007
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Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances, the Family Court properly denied the father's petition because he failed to show sufficient evidence of a change of circumstances since the entry of the order dated August 12, 1999, when the Family Court determined that visitation was not in the child's best interest ( see Matter of Demmo v Demmo), 294 AD2d 362; Matter of Melissa FF.), 285 AD2d 682; Matter of King v King), 266 AD2d 546).

The father's contention that the Family Court erred in not ordering a forensic evaluation of the child prior to reaching its determination is without merit. The father did not request a forensic evaluation, and the record does not indicate that such an evaluation was necessary to enable the court to reach its determination ( see Matter of Diaz v Santiago), 8 AD3d 562; Matter of Nunnery v Nunnery), 275 AD2d 986).

The father's remaining contentions are without merit.