Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: DENNIS K.A., III, and Janet A. Wyoming County Department of Social Services, Petitioner-Respondent; Dennis A., Jr., Respondent-Appellant.
Respondent father appeals from an order terminating his parental rights with respect to his children on the ground of abandonment and, inter alia, placing them in petitioner's custody. The father failed to preserve for our review his contention that the underlying petitions were jurisdictionally defective because they sought to terminate his parental rights on the ground of permanent neglect rather than abandonment (see generally Matter of Abraham C., 55 A.D.3d 1442, 1442-1443, 865 N.Y.S.2d 820, lv. denied 12 N.Y.3d 701, 876 N.Y.S.2d 348, 904 N.E.2d 503). In any event, that contention lacks merit. The fact that the petitions were denominated as petitions seeking termination of the father's parental rights on the ground of permanent neglect does not render them jurisdictionally defective because the factual paragraphs in both petitions alleged that the father abandoned his children (see generally Matter of Shavonda GG., 232 A.D.2d 780, 780-781, 648 N.Y.S.2d 731).
We reject the father's further contention that petitioner failed to establish by the requisite clear and convincing evidence that he had abandoned the children (see Social Services Law § 384-b [3][g][i]; [4][b] ). Petitioner presented evidence establishing that the father had almost no contact with the children in the five years preceding the filing of the petitions and that he had failed to keep petitioner apprised of his location. We thus conclude that petitioner established the “intent [of the father] to forego his ․ parental rights and obligations as manifested by his ․ failure to visit the child[ren] and communicate with [them] or [petitioner], although able to do so and not prevented or discouraged from doing so by [petitioner]” (§ 384-b [5][a] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
MEMORANDUM:
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: June 05, 2009
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)