In re Timothy H.
Opinion of the Court
In a private placement adoption
Ordered that the order is affirmed, with costs.
The Family Court properly determined that the father’s consent to the adoption was not necessary. The petitioner established, by clear and convincing evidence, that the father evinced an intent to forego his parental rights “by his * * * failure for a period of six months to visit * * * and communicate with the child or person having legal custody of the child, although able to do so” (Domestic Relations Law § 111 [2] [a]; see, Matter of Shaolin G., 277 AD2d 312; Matter of Baby Girl W.D., 251 AD2d 501; Matter of Kristin O., 220 AD2d 670).
While the background of the mother’s husband, particularly his history of alcohol and drug abuse, raises concerns with regard to his fitness, the Family Court properly considered the relevant factors in determining the best interests of the child and granted the petition for adoption (see, Matter of Baby Boy M., 269 AD2d 450; Matter of Baby Boy P., 244 AD2d 491). Santucci, J.P., Smith, Crane and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.