In re the Adoption by Johnson
Opinion of the Court
Order unanimously reversed, without costs, and matter remitted to Jefferson County Family Court for further proceedings, in accordance with the following memorandum: Family Court erred in denying petitioners’ applications to proceed with adoption proceedings without the consent of the natural father of the adoptive children. The record reflects that respondent father failed to visit or communicate with his children for a period in excess of six months (Domestic Relations Law, § 111, subd 2, par [a]). Even after Family Court ordered on June 20,1978 the petitioner mother to "cooperate with any programs established by the Community Mental Health Center concerning a visitation schedule for [respondent] * * * with children”, respondent made no effort to exercise or enforce his right to visitation. As Family Court stated during the hearing on the within applications, "it [was petitioner mother’s] obligation to cooperate,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.