Opinion
16621
01-12-2016
In re JONATHAN M.H., etc., A Dependent Child Under the Age of Eighteen Years, etc., Reginald H., Respondent–Appellant, Catholic Guardian Society and Home Bureau, Petitioner–Respondent.
Neil D. Futerfas, White Plains, for appellant. Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
Neil D. Futerfas, White Plains, for appellant.
Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
Opinion
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about September 29, 2014, which, to the extent appealed from, upon a fact-finding that respondent father's consent is not required for the subject child's adoption, 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.
The father's failure to provide any financial support for the child from the time he came into foster care defeats his contention that his consent to the child's adoption is required (see Domestic Relations Law § 1111[d]; Matter of Isis S.C. [Lamont C.], 88 A.D.3d 602, 603, 931 N.Y.S.2d 302 1st Dept.2011 ). Moreover, the father, while incarcerated, did not make efforts to maintain regular communication with the child, the agency or the person who had custody of the child (see id.). Neither the father's incarceration nor any failure by the agency to inform him of his obligations absolved him of his obligations to support and maintain regular communication with the child (see Matter of Isis, 88 A.D.3d at 603, 931 N.Y.S.2d 302).
Family Court providently exercised its discretion in denying the father's request for an adjournment of the fact-finding hearing (see Matter of Amilya Jayla S. [Princess Debbie A.], 83 A.D.3d 582, 583, 923 N.Y.S.2d 441 1st Dept.2011 ), where he declined to be produced for the hearing until he could ensure that he would be returned to his preferred prison facility.
A preponderance of the evidence supports Family Court's determination that it is in the child's best interests to transfer his custody and guardianship to the agency so as to free him for adoption by his foster mother, who is also is godmother (see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 1984; see also Amilya Jayla S., 83 A.D.3d at 583, 923 N.Y.S.2d 441). The record does not show that the father's family was interested in obtaining custody of the child.
We have considered the father's remaining contentions and find them unavailing.
MAZZARELLI, J.P., FRIEDMAN, GISCHE, KAPNICK, JJ., concur.