Legal Opinion

Matter of Zayvion Jamel Lewis S. (Jason Frederick H.)

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

Decided November 25, 2014No. 13611Published

1Opinion of the Court

Order, Family Court, Bronx County (Gayle E Roberts, J.), entered on or about June 29, 2012, which, inter alia, determined that respondent father abandoned the subject child, unanimously affirmed, without costs.

Clear and convincing evidence, including respondent’s own testimony, established that he abandoned his child (Social Services Law § 384-b [4] [b]; [5] [a]). The fact that respondent was incarcerated during the relevant time period did not excuse him from his parental obligations (see Matter of Alicia M., 22 AD3d 384 [1st Dept 2005]). Fetitioner agency was not required to prove that it…

2Cases cited3 opinions

  1. In re Bibianamiet L.-M.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Alicia M.Appellate Division of the Supreme Court of the State of New York · 2005
  3. In re Shavon C.Appellate Division of the Supreme Court of the State of New York · 2002

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