In re William B.
Opinion of the Court
Appeal from an order of the Family Court of Broome County (Connerton, J.), entered December 5, 2006, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate William B. an abandoned child and terminated respondent’s parental rights.
William B. (born in 2004) was removed from his mother and has been in petitioner’s care since he was two days old. Petitioner immediately placed him with foster parents who apparently desire to adopt him. Respondent had cohabitated with the mother during the year prior to the child’s birth and, although the mother initially indicated another man was the father, such person was proven not to be the father. During the neglect proceeding against the mother, respondent, who was then in prison (where he is serving a long term of incarceration), was listed as the putative, nonadjudicated father. Although reportedly aware of the pregnancy and the child, respondent made no effort to contact the mother, the foster parents, the child or petitioner.
In December 2005, petitioner brought a proceeding to terminate the mother’s rights alleging abandonment and, thereafter, commenced this proceeding on February 8, 2006 alleging that respondent had abandoned the child. Two days after the proceeding against respondent was commenced, the mother filed a paternity petition that eventually resulted in DNA testing establishing that respondent was, in fact, the child’s father. At the hearing on the abandonment petition, respondent moved to dismiss the petition upon the ground that he did not meet the definition of a parent within the meaning of Domestic Relations Law § 111. Family Court proceeded with the hearing and ultimately found that respondent had abandoned the child. Respondent appeals.
We are unpersuaded by respondent’s argument that Family Court erred in proceeding with a hearing on the petition. The issue of whether an unwed father is a parent whose consent is necessary for an adoption (i.e., a “consent father”) has been aptly characterized as a “ ‘threshold issue’ ” when proceeding against such an individual in an abandonment proceeding to terminate parent rights (Matter of Tasha M., 33 AD3d 387, 388 [2006], quoting Matter of Carrie GG., 273 AD2d 561, 562 [2000],
While the clear and convincing proof establishing that respondent was not a consent father would generally foreclose the need for any further determination regarding him under Social Services Law § 384-b,
Respondent’s contention that petitioner had an obligation to make diligent efforts to reunite the child with him as a prereq
Mercure, J.P., Peters, Spain and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.
. The statute states that an order committing guardianship of a child “shall be granted only” on certain specific grounds including, as relevant here, that the abandonment involves “[t]he parent or parents, whose consent to the adoption of the child would otherwise be required in accordance with section one hundred eleven of the domestic relations law” (Social Services Law § 384-b [4] [b]).
. Even if, as urged by respondent, it was error to proceed to the adjudication of abandonment under Social Services Law § 384-b, the remedy would not be reversal in this case, but to substitute a finding that respondent was not a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.