Opinion
February 27, 1987
Appeal from the Erie County Family Court, Killeen, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Order unanimously affirmed without costs. Memorandum: We find that petitioner established by clear and convincing evidence that respondent father abandoned his children and that respondent mother permanently neglected her children. The record reveals that since the children have been in foster care, the father has never visited or communicated with them (see, Matter of Susan F., 106 A.D.2d 282, 283-284). The fact that the father, a Canadian citizen, resided in Canada and allegedly was unable to enter the United States due to his criminal record does not preclude a finding of abandonment based on the father's failure to contact the children (see, Matter of Charlene D., 121 Misc.2d 168, 173). Moreover, we note that notwithstanding the father's immigration status, he could have applied for entry into the United States for purposes of visitation on either a temporary or permanent basis (see, 8 U.S.C. § 1182 [d] [3]; [h]). Thus, the record supports the finding of abandonment (see, Matter of Ulysses T., 87 A.D.2d 998, affd 66 N.Y.2d 773; Matter of Jeremy GG., 84 A.D.2d 864; Matter of Charlene D., supra).
The record discloses that the mother abruptly terminated counselling and refused to attend parenting classes arranged by petitioner to foster the family relationship (cf., Matter of Jamie M., 63 N.Y.2d 388). Also her infrequent and erratic contact with the children was not meaningful. Thus, she failed to plan realistically for their future (see, Social Services Law § 384-b; Matter of Star Leslie W., 63 N.Y.2d 136, 142-144; cf., Matter of Sheila G., 61 N.Y.2d 368; see also, Matter of Nathaniel T., 67 N.Y.2d 838).