| Matter of Jennings v Small |
| 2009 NY Slip Op 01120 [59 AD3d 546] |
| February 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Maurice Jennings, Appellant, v SeandraMikaela Small, Respondent. |
—[*1] Steven C. Bernstein, Brooklyn, N.Y., for respondent. Karen P. Simmons, Brooklyn, N.Y. (Gina Frey and Barbara H. Dildine of counsel), attorneyfor the child.
In a proceeding pursuant to Family Court Act article 6, the father appeals from an order ofthe Family Court, Kings County (Pearl, J.), dated October 17, 2007, which denied his petition formodification of an order of custody and visitation of the same court (Knipps, J.), dated July 8,2003, awarding the mother custody of the subject child.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly denied the father's petition because he failed to provide evidenceof a sufficient change of circumstances since the entry of the order dated July 8, 2003 awardingcustody of the subject child to the mother (see Matter of Hernandez v Rodriguez, 42 AD3d 498, 499 [2007];Matter of Demmo v Demmo, 294 AD2d 362 [2002]; Matter of Melissa FF., 285AD2d 682 [2001]).
There is no merit to the father's contention that the Family Court erred in not ordering aforensic evaluation prior to reaching its determination. The father did not request a forensicevaluation, and the record does not indicate that such an evaluation was necessary to enable theFamily Court to reach its determination (see Matter of Hernandez v Rodriguez, 42 AD3d 498 [2007]; Matter of Diaz v Santiago, 8 AD3d562 [2004]). Spolzino, J.P., Santucci, Balkin and Chambers, JJ., concur.