The Second Department, reversing Family Court, determined the proof did not support the termination of father’s parental rights:
An order terminating parental rights may be granted where the parent “abandoned [the] child for the period of six months immediately prior to the date on which the petition is filed in the court” … . Abandonment must be proven by clear and convincing evidence … .
Here, the agency failed to establish, by clear and convincing evidence, that during the relevant period of time the father evinced an intent to forgo his parental rights and obligations … . The record demonstrates that once the father had sufficient reason to believe he might be the father, he took action to assert his paternity … and sought to have contact with the child, filed petitions for custody, visited with the child on two occasions and attempted to visit on a third occasion, and brought the child snacks, toys, and clothes during the visits. In addition, the father spoke with the caseworker on the phone on multiple occasions, paid child support in the amount of $25 per month, and provided the caseworker with information about where he was living, who he was living with, and about a daycare where he would enroll the child. Under these circumstances, the Family Court should have denied the petition on the merits, and dismissed the proceeding … . Matter of Darrell J. D. J. (Kenneth R.), 2017 NY Slip Op 08826, Second Dept 12-2017
FAMILY LAW (PARENTAL RIGHTS, PROOF DID NOT SUPPORT TERMINATION OF FATHER’S PARENTAL RIGHTS (SECOND DEPT))/PARENTAL RIGHTS (FAMILY LAW, PROOF DID NOT SUPPORT TERMINATION OF FATHER’S PARENTAL RIGHTS (SECOND DEPT))/ABANDONMENT (PARENTAL RIGHTS, PROOF DID NOT SUPPORT TERMINATION OF FATHER’S PARENTAL RIGHTS (SECOND DEPT))