AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of PHOTIUS COUTSOUKIS, appellant, v. SUSAN SAMORA, respondent. (Proceeding No. 1) In the Matter of PHOTIUS COUTSOUKIS, appellant,

ORDERED that the orders are affirmed, with one bill of costs.

Contrary to the father's contention, the Family Court did not err in dismissing his petition for a change of custody without first conducting a hearing (see, Matter of Ann C. v. Debra S., 221 A.D.2d 338; Matter of Wolfer v. Dame, 207 A.D.2d 898, 899). A parent who seeks a change of custody is not automatically entitled to a hearing but must make some evidentiary showing sufficient to warrant a hearing (see, David W. v. Julia W., 158 A.D.2d 1). Here, the Family Court, which had a familiarity with the history of the case, properly determined that the father failed to make a showing sufficient to warrant a hearing (see, Teuschler v. Teuschler, 242 A.D.2d 289, 290; Matter of Miller v. Lee, 225 A.D.2d 778, 779).

The father's remaining contentions are without merit.

S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF COUTSOUKIS v. SAMORA
(Oct 18, 1999)