Matter of Abel J. R. (Michael S.)

Summary

The Appellate Division, Second Department affirmed an order terminating the father's parental rights and transferring custody and guardianship of the child for adoption. The court held that the petitioner proved by clear and convincing evidence that the father abandoned the child under Social Services Law § 384-b by failing to visit or maintain meaningful contact during the relevant six-month period.

Holdings

1. On the court's own motion, the notice of appeal from the amended order dated July 2, 2021, was deemed a premature notice of appeal from the order of fact-finding and disposition dated October 15, 2021.
2. The petitioner established by clear and convincing evidence that the father abandoned the child by failing to visit or maintain contact with the child or the petitioner for the six-month period preceding the filing of the termination petition.

Questions Presented

1. Whether the notice of appeal from the amended order dated July 2, 2021, could be treated as a premature notice of appeal from the order of fact-finding and disposition dated October 15, 2021.
2. Whether the petitioner established by clear and convincing evidence that the father abandoned the child under Social Services Law § 384-b.
3. Whether the Family Court properly terminated the father's parental rights and transferred custody and guardianship of the child for purposes of adoption.

Disposition

affirmed