Legal Opinion

In re Christina W.

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

Decided June 22, 1990Published

1Opinion of the Court

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred by finding that respondent had abandoned her child. To prove an abandonment, petitioner must show that, for six months preceding the filing of the petition, the parent has failed to visit the child and communicate with the child or the agency (Social Services Law § 384-b [5] [a]). Although it was undisputed that respondent did not visit or communicate with her child during the relevant time period, the agency conceded at the hearing that there had been at least 15 telephone contacts…

2Cases cited2 opinions

  1. In re Madeline R.New York Family Court · 1982
  2. In re Lynn W.Appellate Division of the Supreme Court of the State of New York · 1989

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