Carpenter v. Whitaker

—In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated July 29, 2002, which, without a hearing, granted the father’s motion to dismiss the petition for change of residential custody.

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

Contrary to the mother’s contention, the Family Court properly dismissed her petition for a change of residential custody without conducting a hearing. A parent seeking a change in custody is not automatically entitled to a hearing, but must…