Matter of Heaven A. A. (Tyrone W.--Stephanie A.)
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
We are asked to address whether a Family Court may render a determination that a putative father has abandoned a child so as to free the child for adoption, if there is not first a threshold finding that the putative father is, in fact, the father of the child. For the reasons set forth below, we conclude that where paternity is not ascertained in fact or by law, the Family Court may not conclusorily find that a respondent is not a “consent father,” or that his consent, while otherwise required, has been forfeited by reason of his abandonment of the child.
Facts
The…
2Cases cited24 opinions
- Corey L v. Martin LNew York Court of Appeals · 1978
- MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
- Robert O. v. Russell K.New York Court of Appeals · 1992
- Matter of Annette B.New York Court of Appeals · 2005
- In re Anthony M.Appellate Division of the Supreme Court of the State of New York · 1993
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Matter of Dion J.L. (Danac L.)Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Darrell J. D. J. (Kenneth R.)Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Samantha L. S. (Anonymous) (Daniel S. (Anonymous))Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Jake W.E. (Jonathan S.)Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Akasha J.G. (Vincent G.)Appellate Division of the Supreme Court of the State of New York · 2017
5 more not listed; retrieve them via the Exa API.