New York Divorce Lawyer Blog
In New York family law, few issues are as emotionally charged as disputes over a parent’s right to consent to a child’s adoption. When a parent has been absent from a child’s life for years, courts must weigh the child’s stability, safety, and emotional needs against the parental rights of a biological parent seeking renewed involvement. A recent New York decision demonstrates how courts approach these difficult cases and underscores the critical importance of parents maintaining contact, communication, and meaningful involvement if they hope to preserve their legal rights. If you are facing an adoption, custody dispute, or questions about parental rights, it is essential to speak with a knowledgeable New York family law attorney who can guide you through these complex proceedings.
History of the Case
It is reported that the child’s unmarried parents welcomed their daughter in 2013. When the father became incarcerated in 2015, he consented to an order giving the child’s maternal great-grandmother sole custody, with visitation to each parent as agreed. The child later moved to live with her maternal grandfather and step-grandmother, who effectively assumed her day-to-day care.
Allegedly, after the father’s release from prison, a 2016 order granted joint legal custody to the father, the mother, the grandparents, and the great-grandmother, with primary placement to the grandparents. The father, however, was reincarcerated for a parole violation and did not resume consistent involvement following his release. In 2022, the grandparents filed a petition seeking to adopt the child, and after a fact-finding hearing, the trial court determined that the father’s consent was not required and allowed the adoption to proceed. The father later filed his own custody petition, which was dismissed for lack of standing. The father then appealed.
Parental Consent to Adoption
On appeal, the court examined whether the father met the statutory requirements that would necessitate his consent to the adoption. Under New York law, an unmarried biological father must show both meaningful financial support and substantial, continuous, or repeated contact or communication with the child. Failure to satisfy either requirement allows an adoption to proceed without his consent.
Here, the father had not seen or communicated with the child since 2016, when she was only three years old. The father conceded that he could have reached out in various ways but chose not to do so. Although incarceration may limit a parent’s ability to visit, the court emphasized that it does not excuse the long-term absence of any meaningful effort to maintain a relationship. The record showed no evidence that the grandparents ever interfered with or prevented contact.
It is reported that the father did not send letters, cards, gifts, or inquiries over the years and did not request visitation until the eve of the fact-finding hearing. Even though he remained current on his child support through wage deductions, his total lack of contact or communication outweighed his financial compliance. The court affirmed that he failed to meet the statutory requirements necessary for consent to be required. The court also noted that the child’s attorney supported the adoption, highlighting the stability and continuity the grandparents had long provided.
Meet With a Trusted New York Family Law Attorney
Cases involving adoption, parental consent, and long-term absence require a careful, fact-specific examination of a parent’s efforts and the child’s best interests. If you are involved in a proceeding where parental rights or child custody are at issue, securing experienced legal guidance is critical to understanding your rights and presenting the strongest possible case. Attorney Ksenia Rudyuk of Rudyuk Law Firm is dedicated to protecting families and navigating complex custody matters with skill and compassion. To discuss your situation, contact Rudyuk Law Firm at (212) 706-2001 or complete our online form to schedule a consultation.