Johnson v. Semple, 273 A.D.2d 311 (N.Y. App. Div. 2000). · Go Syfert
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Johnson v. Semple, 273 A.D.2d 311 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 3 distinct courts.
Strongest positive: Jackson v. Jackson (nyappdiv, 2006-07-05)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Jackson v. Jackson
N.Y. App. Div. · 2006 · confidence medium
A parent seeking a change in custody is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing (see Engeldrum v Engeldrum, 306 AD2d 242, 242 [2003]; Kjellgren v Kjellgren, 286 AD2d 753 [2001]; Matter of Johnson v Semple, 273 AD2d 311, 311 [2000]).
discussed Cited "see, e.g." Matter of R.B. v. S.S.
Westchester Cty Children's Ct. · 2025 · signal: see also · confidence low
Even where a change of circumstances has been demonstrated, a hearing may be dispensed with or abbreviated where the court possesses sufficient information to undertake a comprehensive independent review of the children's best interests ( see Grasso v. Grasso 28 AD3d 482 [2d Dept 2006] (court possessed sufficient information to render an informed determination on custody and visitation without a hearing, consistent with the best interest of the child); see also, Johnson v. Semple, 273 AD2d 311 [2d Dept 2000]; see Matter of Potente v Wasilewski , 51 AD3d 675 , [2d Dept 2008]; Li Wong v. Fen Liu…
discussed Cited "see, e.g." Matter of R.B. v. S.S.
Westchester Cty Children's Ct. · 2025 · signal: see also · confidence low
Even where a change of circumstances has been demonstrated, a hearing may be dispensed with or abbreviated where the court possesses sufficient information to undertake a comprehensive independent review of the children's best interests ( see Grasso v. Grasso 28 AD3d 482 [2d Dept 2006] (court possessed sufficient information to render an informed determination on custody and visitation without a hearing, consistent with the best interest of the child); see also, Johnson v. Semple, 273 AD2d 311 [2d Dept 2000]; see Matter of Potente v Wasilewski , 51 AD3d 675 , [2d Dept 2008]; Li Wong v. Fen Liu…
discussed Cited "see, e.g." Matter of R.B. v. S.S.
Westchester Cty Children's Ct. · 2025 · signal: see also · confidence low
Even where a change of circumstances has been demonstrated, a hearing may be dispensed with or abbreviated where the court possesses sufficient information to undertake a comprehensive independent review of the children's best interests ( see Grasso v. Grasso 28 AD3d 482 [2d Dept 2006] (court possessed sufficient information to render an informed determination on custody and visitation without a hearing, consistent with the best interest of the child); see also, Johnson v. Semple, 273 AD2d 311 [2d Dept 2000]; see Matter of Potente v Wasilewski , 51 AD3d 675 , [2d Dept 2008]; Li Wong v. Fen Liu…
discussed Cited "see, e.g." Bruno v. Kerr
N.Y. App. Div. · 2005 · signal: see also · confidence medium
The maternal grandfather failed to make a sufficient evidentiary showing to warrant a hearing, particularly in view of the Family Court’s familiarity with the history of the case (see Matter of Burford v Alzamora, supra at 237; see also Matter of Johnson v Semple, 273 AD2d 311, 312 [2000]; Matter of Coutsoukis v Samora, 265 AD2d 482, 483 [1999]; Matter of Rosenberg v Rosenberg, 261 AD2d 623, 624 [1999]; Matter of Miller v Lee, 225 AD2d 778, 779 [1996]).
Retrieving the full opinion text from the archive…
In the Matter of Paulster Johnson
v.
Kay Semple
Appellate Division of the Supreme Court of the State of New York.
Jun 12, 2000.
273 A.D.2d 311
Cited by 13 opinions  |  Published

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Greenbaum, J.), dated December 8, 1997, which, without a hearing, denied the petition and dismissed the proceeding on the merits.

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

Contrary to the mother’s contention, the Family Court did not err in dismissing her petition for a change of custody without first conducting a hearing. Where it is possible, custody should be established on a long-term basis, “at least so long as the custodial parent has not been shown to be unfit, or perhaps less fit, to continue as the proper custodian” (Obey v Degling, 37 NY2d 768, 770). A parent seeking a change in custody is not automatically entitled to a hearing; some evidentiary showing must be made (see, Matter of Ann C. v Debra S., 221 AD2d 338; Matter of Lynette L. v Richard K.A., 210 AD2d 1005; Matter of Lenczycki v Alexander, 209 AD2d 480, 481; Matter of Wolfer v [*312] Dame, 207 AD2d 898). In the case at bar, the mother failed to make such a showing to warrant a hearing (see, Matter of Wurmlinger v Freer, 256 AD2d 1069; Matter of Miller v Lee, 225 AD2d 778; Matter of Lacarrubba v Lacarrubba, 198 AD2d 354, 355). Joy, J. P., Sullivan, Friedmann and H. Miller, JJ., concur.