New York Criminal Lawyer Blog
This case deals with the matter of Seasia D., Mr. Anonymous et al as the appellants. The respondent in the matter is Kareem W. A non-party appellant in the case is Tenisha D. The case is being held in the Supreme Court of the State of New York, Second Department, Appellate Division.
This case deals with an adoption proceeding. Mr. and Mrs. Anonymous were the prospective adoptive parents. Tenisha D. is the birth mother and nonparty appellant. Mr. and Mrs. Anonymous, Tenisha D. and Family Focus Adoption Services are appealing an order that was made in the Family Court of Queens County. The order in question was made on the 30th of June and denied the petition and dismissed the proceeding after a hearing was held.
Case Background
The Family Court has denied the petition for adoption based on the grounds that the biological father of the infant was a consent father, which means that his consent is mandated by the requirements of due process of the law. The father did not consent to the adoption.
A New York Drug Crime Lawyer said the prospective parents and the adoption agency argue that the father did not meet the requirements for a consent father by his conduct. They argue that the adoption petition should be granted without his consent for these reasons.
They further state that any of the extrajudicial consent given by the mother that was invalid could be rectified by the mother executing new consent that is valid.
The law guardian of the birth mother, who was fourteen at the time the child was born, contends that although the consent was invalid, the consent from the biological father is not necessary and the mother is ready to execute a new order of consent for an open adoption.
Court Discussion and Decision
The question before the court is whether or not the biological father of the child is a consent father and if his consent is required for the adoption to take place. A New York Drug Possession Lawyer said domestic relations law states that if the child is under the age of six months at the time of an adoption taking place the biological father has the right to consent if he lived with the mother for at least six months before the placement of the child, if he held himself as the father during this time, and paid a reasonable amount for the expenses of the birth.
It was established during an evidence hearing that during the relevant six month time frame the father acknowledged that he was the father and exhibited a willingness to take on full parental responsibilities. However, these efforts were rebuffed by the family of the birth mother. While hearsay is not admissible in court, there is certain evidence that must be allowed in this case to determine the circumstances of the birth father.
A Nassau County Drug Possession Lawyer said there is further evidence showing that the father attempted to contact the birth mother and was unable to locate her for a period of time. All evidence shows that he was willing to be a part of the child’s life.
After reviewing the facts of the case it is determined that the Family Court made the right decision in denying the petition for adoption. A Queens Drug Possession Lawyer said the order from the family court is affirmed. The will be resubmitted to the family court for further proceedings to determine the resolution of the father’s custodial rights to the child.
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