In re De'Von M.F.C.

Summary

The court affirmed a Family Court order determining that the appellant's consent was not required for the adoption of the subject child and transferring guardianship and custody for adoption. It held that the appellant failed to establish substantial and continuous or repeated contact with the child through support and visitation or communication, and that his incarceration did not excuse those obligations.

Holdings

1. The Family Court properly determined that Mustafa F.'s consent to the adoption was not required because the determination was supported by clear and convincing evidence.
2. The appellant failed to meet his burden of establishing substantial and continuous or repeated contact with the child through payment of support and either regular visitation or other communication.
3. Incarceration did not absolve the appellant of the responsibility, according to his means, to provide financial support for the child and maintain regular contact with the child or the petitioner.

Questions Presented

1. Whether the Family Court properly determined that Mustafa F.'s consent to the child's adoption was not required under Domestic Relations Law § 111(1)(d).
2. Whether Mustafa F. met his burden of establishing substantial and continuous or repeated contact with the child through support payments and regular visitation or other communication.
3. Whether Mustafa F.'s incarceration relieved him of the duties to provide financial support and maintain regular contact.

Disposition

affirmed