JACKSON v. JACKSON

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

Contrary to the mother's contention, the Supreme Court properly denied her motion, inter alia, for a change of custody of the parties' children without conducting a hearing. Where possible, custody should be established on a long term basis, "at least so long as the custodial parent has not been shown to be unfit, or perhaps less fit, to continue as the proper custodian" ( Obey v Degling, 37 NY2d 768, 770). A parent seeking a change in custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing ( see Engeldrum v Engeldrum, 306 AD2d 242, 242; Kjellgren v Kjellgren, 286 AD2d 753; Matter of Johnson v Semple, 273 AD2d 311, 311). Here, the mother failed to make such a showing.

Under the circumstances of this case, it is unnecessary to remit the matter for the appointment of a Law Guardian ( see Richard D. v Wendy P., 47 NY2d 943, 944-945; Matter of Weis v Rivera, 29 AD3d 812).