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. Continue reading