IN RE: GENESIS R. (2018)

Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about July 12, 2017, which, insofar as appealed from, determined that respondent father's consent was not required for the adoption of the subject child and committed the custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

There is no basis for disturbing the court's determination that the father's consent to the adoption of the child was not required.  The record supports the findings that the father had not paid “a fair and reasonable sum” toward the child's support and that he did not visit the child at least monthly.  When visitation was not feasible, the father did not communicate regularly with the child (see Domestic Relations Law § 111[1][d];  Matter of Seth Jacob S., 134 A.D.3d 636, 21 N.Y.S.3d 613 [1st Dept. 2015] ).

The record further supports the determination to free the child for adoption.  The now almost six-year-old child has been in foster care her entire life, and living with her foster mother since she was about one year old.  The foster mother has provided a stable, loving and nurturing environment for her, and the child is well-bonded to the foster mother and her adult children (see e.g. Matter of Christian D. [Marian R.], 157 A.D.3d 599, 600, 69 N.Y.S.3d 314 [1st Dept. 2018], lv denied 31 N.Y.3d 904, 2018 WL 1957280 [2018] ).  By contrast, at the time of disposition, the father was incarcerated and was awaiting trial.  Moreover, the father did not have a bond with the child, who was extremely afraid of the father, to the point that she exhibited symptoms of extreme anxiety, which required therapy.

We have considered the father's remaining arguments and find them unavailing.