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: FEMALE F. (Anonymous), a/k/a Nevaeh F. (Anonymous). Graham-Windham Services to Families and Children, respondent. Jerome G. (Anonymous), appellant.
In a proceeding pursuant to Social Services Law 384-b to terminate parental rights on the ground of abandonment, the father appeals from an order of disposition of the Family Court, Kings County (Elkins, J.), dated March 20, 2006, which, after a fact-finding hearing, and upon finding that he abandoned the subject child, terminated his parental rights and transferred joint guardianship and custody of the subject child to the Commissioner of Social Services of the City of New York and Graham-Windham Services to Families and Children for the purpose of adoption.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that the father abandoned the subject child during the six-month period before the filing of the petition (see Social Services Law § 384-b[4][b]; Matter of Saquan L.E., 19 A.D.3d 418, 419, 796 N.Y.S.2d 408; Matter of Orange County Dept. of Social Servs., 203 A.D.2d 367, 610 N.Y.S.2d 553). Where, as here, the Family Court is primarily confronted with issues of credibility, its factual findings must be accorded great weight on appeal (see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337; Matter of Latifah C., 34 A.D.3d 798, 799, 826 N.Y.S.2d 333). The father's incarceration did not relieve him of his responsibility to maintain contact or communicate with the subject child or agency (see Matter of Jahmir Domevlo J., 8 A.D.3d 280, 281, 778 N.Y.S.2d 186; Matter of Tashara B., 299 A.D.2d 356, 357, 749 N.Y.S.2d 173; Matter of Orange County Dept. of Social Servs., supra ). Further, the material cited by the father concerning the permanency hearing for his other child derives from evidence dehors the record and, therefore, is not properly before this court (see Matter of Ice S., 30 A.D.3d 428, 429, 816 N.Y.S.2d 557; Matter of Nicholas GG, 285 A.D.2d 678, 679, 726 N.Y.S.2d 802). In any event, the evidence has no bearing on the finding of abandonment concerning the subject child which was supported by clear and convincing evidence and should not be disturbed.
Thank you for your feedback!
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: May 22, 2007
Court: Supreme Court, Appellate Division, Second 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)