In re Shaun

Memorandum: Respondent appeals from an order of Family Court which held that his consent was not required for the adoption of his son by his former wife and her new husband because he had abandoned his son. We reverse.

The parties were divorced almost two years after the birth of the child. Petitioner mother was awarded custody, with reasonable visitation privileges afforded to respondent father. Sometime in November 1980, in derogation of respondent’s *1026visitation rights, petitioner and the child moved to California where they resided until January 1982, at which time they returned to Syracuse.…