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IN RE: Sean A. ECHOLS, appellant, v. Ellen WEINER, respondent.
In a proceeding pursuant to Family Court Act article 6, inter alia, to modify the visitation provisions of an order of the Family Court, Westchester County (Edlitz, J.), dated June 30, 2006, the father appeals from an order of the same court entered February 9, 2007, which, after a hearing, denied that branch of his petition which was for increased visitation during the subject child's school vacations.
ORDERED that the order is affirmed, without costs or disbursements.
A visitation order may be modified upon a showing of a subsequent change of circumstances and that modification is required (see Family Ct. Act § 467 [b] [ii]; Matter of Sullivan v. Sullivan, 40 A.D.3d 865, 866, 836 N.Y.S.2d 259; Matter of Manos v. Manos, 282 A.D.2d 749, 725 N.Y.S.2d 52). Here, no change in circumstances occurred which would warrant increasing the liberal visitation already afforded to the father. The most important factor to be considered in adjudicating visitation rights is the best interests of the child (see Matter of Wilson v. McGlinchey, 2 N.Y.3d 375, 381, 779 N.Y.S.2d 159, 811 N.E.2d 526; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95-96, 447 N.Y.S.2d 893, 432 N.E.2d 765; Messinger v. Messinger, 16 A.D.3d 562, 563, 792 N.Y.S.2d 162). The record supports the Family Court's determination that the father failed to demonstrate that a modification of the visitation schedule was in the subject child's best interests (see Matter of Sullivan v. Sullivan, 40 A.D.3d 865, 836 N.Y.S.2d 259; Messinger v. Messinger, 16 A.D.3d at 563, 792 N.Y.S.2d 162).
There was no evidence that the Law Guardian had a conflict of interest or failed to diligently represent the best interests of the parties' child (see Matter of Brittany W., 25 A.D.3d 560, 806 N.Y.S.2d 426; Matter of King v. King, 266 A.D.2d 546, 547, 698 N.Y.S.2d 906).
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Decided: December 18, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
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