Legal Opinion

Stefas v. Sierra

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2011Published

1Opinion of the Court

*764Modification of an existing custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child (see Family Ct Act § 652 [a]; Matter of Molinari v Tuthill, 59 AD3d 722, 723 [2009]). “A parent seeking to modify an existing order of visitation is not automatically entitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing” (Matter of Varricchio v Varricchio, 68 AD3d 774, 775 [2009]). The Family Court properly…

2Cases cited4 opinions

  1. In re Michael B.New York Court of Appeals · 1992
  2. Molinari v. TuthillAppellate Division of the Supreme Court of the State of New York · 2009
  3. Gatke v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2008
  4. Varricchio v. VarricchioAppellate Division of the Supreme Court of the State of New York · 2009

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