In re the Adoption of Devin F.
Opinion of the Court
Appeal from an order of the Family Court, Chautauqua County (Judith S. Claire, J.), entered April 7, 2006 in a proceeding pursuant to Domestic Relations Law article 7. The order dismissed the petition.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner commenced this proceeding seeking to adopt her husband’s child. According to petitioner, respondent mother had abandoned the child, and thus her consent to the adoption was not required. We conclude that Family Court properly dismissed the petition on the ground that respondent’s consent to the adoption was required and was not given (see Domestic Relations Law § 111 [1] [c]). The evidence presented at trial established that respondent timely and consistently paid child support pursuant to an order entered upon her agreement with the child’s father in conformity with the requirements of the Child Support Standards Act (see Family Ct Act § 413 [1]). Such payment of child support is “deemed a substantial communication by [respondent] with the child or person having
Case-law data current through December 31, 2025. Source: CourtListener bulk data.