In re Raniah M. K.

2021 NY Slip Op 06616

In the Matter of Raniah M. K. (Anonymous). Little Flower Children and Family Services of New York, petitioner-respondent; Joma K. (Anonymous), appellant, et al., Respondent.

No. 2020-07908

Docket No. B-16519-18

Supreme Court of New York, Second Department

November 24, 2021

Submitted - November 1, 2021

Rhea G. Friedman, New York, NY, for appellant.

Ira L Eras, P.C., Brooklyn, NY, for petitioner-respondent.

Janet E. Sabel, New York, NY (Dawne A. Mitchell and Susan Clement of counsel), attorney for the child.

LEONARD B. AUSTIN, J.P. ROBERT J. MILLER PAUL WOOTEN JOSEPH A. ZAYAS, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384-b, the father appeals from an order of the Family Court, Kings County (Ilana Gruebel, J.), dated October 15, 2020. The order, insofar as appealed from, after fact-finding and dispositional hearings, found that the father's consent to the adoption of the child was not required and that the father permanently neglected the subject child, terminated the father's parental rights, and transferred custody and guardianship of the child to the petitioner and the Commissioner of the Administration for Children's Services for the purpose of adoption.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced this proceeding pursuant to Social Services Law § 384-b to terminate the parental rights of the subject child's mother and father. The petitioner also alleged that the father's consent was not required for adoption. Following fact-finding and dispositional hearings, the Family Court found that the mother and father each permanently neglected the child, and that the father's consent to the adoption of the child was not required. The court terminated the mother's and the father's parental rights and transferred custody and guardianship of the child to the petitioner and the Commissioner of the Administration for Children's Services for the purpose of adoption. The father appeals.

"A biological father's consent to adopt a child over six months old who was born out of wedlock is required only if the father 'maintained substantial and continuous or repeated contact with the child as manifested by' payment of reasonable child support and either monthly visitation or 'regular communication' with the subject child[ ] or custodian" (Matter of Mikai R. [Ralph R.], 166 A.D.3d 624, 624, quoting Domestic Relations Law § 111[1][d]; see Matter of Floyd J.B. [Floyd B.], 172 A.D.3d 1200, 1200). "Domestic Relations Law § 111(1)(d) imposes a dual requirement upon the biological father, and the father's unexcused failure to satisfy either of these requirements is sufficient to warrant a finding that his consent to the proposed adoption[ ] is not required" (Matter of Mikai R. [Ralph R.], 166 A.D.3d at 624; see Matter of J'Adore [Everald E.-Devon F.], 188 A.D.3d 1059, 1060).

Here, the Family Court properly determined that the father, by failing to financially support the child, despite having the means to do so, did not maintain substantial and continuous or repeated contact with the child in accordance with Domestic Relations Law § 111(1)(d) (see Matter of Ramal M., Jr. [Ramal M.], 172 A.D.3d 1067, 1069; Matter of Mikai R. [Ralph R.], 166 A.D.3d at 624). Therefore, the court properly found that the father's consent to the adoption of the child was not required (see Matter of Gianna [Perry W.K.-Andrew R.], 193 A.D.3d 858, 859). Contrary to the father's contention, he was not excused from paying financial support on the ground that the petitioner had not instructed him to do so (see Matter of Floyd J.B. [Floyd B.], 172 A.D.3d at 1201; Matter of Daiyah D.F.F. [Darren S.], 163 A.D.3d 666, 667).

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