Citation Numbers: 11 A.D.3d 619, 783 N.Y.S.2d 641, 2004 N.Y. App. Div. LEXIS 12128
Filed Date: 10/18/2004
Status: Precedential
Modified Date: 11/1/2024
Ordered that the orders of disposition are affirmed, without costs or disbursements.
“A parent’s incarcerated status does not excuse him or her from establishing or maintaining contact with his or her child” (Matter of Jose Andres M., 8 AD3d 385 [2004]; see Matter of Thomas Z., 4 AD3d 372, 372-373 [2004]; Matter of Tashara B., 299 AD2d 356 [2002]; Matter of Derrick J., 287 AD2d 503 [2001]; Matter of T. Children, 284 AD2d 401 [2001]). The record demonstrates that the father had no contact with the subject children during the six-month period prior to the filing of the petitions to terminate his parental rights, and made no attempt during that time to communicate with them or to contact the social services agency with which they were placed. The petitioner thus established, by clear and convincing evidence, that the father abandoned the subject children (see Social Services Law § 384-b [5] [a]; Matter of Kimberly Y., 9 AD3d 412 [2004]; Matter of Oscar L., 8 AD3d 569 [2004]; Matter of Jose Andres M., supra; Matter of Annette B., 2 AD3d 721 [2003]). In opposition to the petitioner’s showing, the Family Court properly determined that the father failed to satisfy his burden of proving that he suffered from a severe hardship that so permeated his life that attempts at communication were not feasible (see Matter of Anthony M., 195 AD2d 315, 316 [1993]; Matter of Catholic Child Care Socy. of Diocese of Brooklyn [Danny R.], 112 AD2d 1039 [1985]).
Contrary to the father’s contention, there is no evidence that,