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WILLIAMS v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
Sep 12, 2006
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Ordered that the order is affirmed, with costs.

A parent seeking a change in custody must make an initial evidentiary showing sufficient to warrant a hearing ( see McNally v McNally, 28 AD3d 526; Smoczkiewicz v Smoczkiewicz, 2 AD3d 705; Corigliano v Corigliano, 297 AD2d 328, 329; Teuschler v Teuschler, 242 AD2d 289). Contrary to the father's contention, the mother's allegations that he imposed excessive and inappropriate discipline on the subject children, including corporal punishment, was sufficient to warrant a hearing.

"A change of custody should be made only if the totality of the circumstances warrants a modification" ( Corigliano v Corigliano, supra at 329; see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). On this record, we discern no basis to disturb the Family Court's determination, made after a hearing and in camera interviews with the subject children ( see Matter of Lincoln v Lincoln, 24 NY2d 270, 272), that it was in their best interests to award custody to the mother ( see Eschbach v Eschbach, 56 NY2d 167, 171; Friederwitzer v Friederwitzer, supra at 93-95).

The father's remaining contentions are without merit.