Legal Opinion

In re Ashton

Appellate Division of the Supreme Court of the State of New York

Decided October 2, 1998Published

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Family Court properly dispensed with the consent of respondent to the adoption of his daughter pursuant to Domestic Relations Law § 111 (2) (a). The proof establishes that respondent evinced an intent to forego his parental rights and obligations by his failure for a period of six months to visit or communicate with his daughter or the person having legal custody of her, although able to do so (see, Domestic Relations Law § 111 [2] [a]). Furthermore, neither his incarceration nor his fugitive status excused the failure of respondent to…

2Cases cited4 opinions

  1. Koppenhoefer v. KoppenhoeferAppellate Division of the Supreme Court of the State of New York · 1990
  2. In re AmandaAppellate Division of the Supreme Court of the State of New York · 1993
  3. In re Brandy J.Appellate Division of the Supreme Court of the State of New York · 1997
  4. In re Joseph S.Appellate Division of the Supreme Court of the State of New York · 1990

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