| Matter of Gant v Chambliss |
| 2011 NY Slip Op 06031 [86 AD3d 612] |
| July 19, 2011 |
| Appellate Division, Second Department |
| In the Matter of James Gant, Respondent, v SheilaChambliss, Appellant. |
—[*1] Richard S. Birnbaum, White Plains, N.Y., for respondent. Stephen G. Gordon, White Plains, N.Y., attorney for the child.
In a child custody and visitation proceeding pursuant to Family Court Act article 6, themother appeals from an amended order of the Family Court, Westchester County (Spitz, J.H.O.),entered June 24, 2010, which, after a hearing, denied her petition to modify a prior order ofcustody dated October 24, 1996, and directed that her visits with the subject child be supervised.
Ordered that the order is affirmed, without costs or disbursements.
"Custody determinations are ordinarily a matter of discretion for the hearing court, whosedetermination will not be set aside on appeal unless it lacks a sound and substantial basis in therecord" (Matter of Ortiz v Maharaj,8 AD3d 574, 574 [2004]). Here, there was a sound and substantial basis for the FamilyCourt's denial of the mother's petition to modify a prior order of custody dated October 24, 1996(see Matter of Reyes v Alvarado, 50AD3d 1152 [2008]). " 'Modification of an existing custody or visitation arrangement ispermissible only upon a showing that there has been a change in circumstances such that amodification is necessary to ensure the continued best interests and welfare of the child' " (Matter of Mazzola v Lee, 76 AD3d531, 531 [2010], quoting Matter ofLeichter-Kessler v Kessler, 71 AD3d 1148, 1148-1149 [2010]). The evidence in therecord amply supported the Family Court's determination that the circumstances did not warranta modification.
The Family Court's determination that supervised visitation by the mother would be in thechild's best interests also had a sound and substantial basis in the record (see Matter of Lorraine D. v WidmackC., 79 AD3d 745, 745-746 [2010]; Matter of Anwar v Sani, 78 AD3d 827 [2010]). Angiolillo, J.P.,Dickerson, Hall and Roman, JJ., concur.