AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF LEE P. (ANONYMOUS). LAKESIDE FAMILY AND CHILDREN'S SERVICES, respondent; LEON F. (ANONYMOUS), appellant.

DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The Family Court properly determined that there was clear and convincing evidence of the father's abandonment of the child based on his failure to contact the child or communicate with the petitioner agency during the six-month period before the filing of the petition (see Social Services Law 384-b [b], [5] [a]). The father did not establish that he was unable to contact either the child or the agency during that period (see Matter of Julius P., 63 N.Y.2d 477; Matter of St. Christopher-Ottillie v. Troy Donnell M., 210 A.D.2d 233; Matter of Trudell W., 119 A.D.2d 828). In light of this determination, we need not address the issue of permanent neglect.

Furthermore, the Family Court properly determined that the child's best interests would be served by terminating the father's parental rights and freeing the child for adoption (see Family Court Act §§ 623, 631; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Messiah Quwan D., 288 A.D.2d 383; Matter of Desire Star H., 202 A.D.2d 582).

RITTER, J.P., S. MILLER, SCHMIDT and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF LEE P
(Apr 21, 2003)