In re Jayden C.
Opinion of the Court
The determination that it would be in the child’s best interests to be freed for adoption is supported by a preponderance of the evidence (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). There is no indication that the mother is capable of financially or emotionally caring for her son, and the record shows that the child has thrived in his preadoptive home, which he shares with his sibling, and where he has developed a strong bond with the foster mother (see Matter of Octavia Lorraine O., 34 AD3d 258 [2006]). Furthermore, the mother did not ask the court to consult with the three-year-old child concerning guardianship, and the statute does not require such consultation (see Social Services Law § 384-b [3] [k]).
A suspended judgment is not warranted under the circumstances because it is not in the best interests of the child to wait any longer for the mother to gain the ability to fulfill her parental obligations (see Matter of Michael B., 80 NY2d 299, 311 [1992]; Matter of Juan A. [Nhaima D.R.], 72 AD3d 542 [2010]). Concur — Gonzalez, RJ., Friedman, Moskowitz, Freedman and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.