MATTER OF AARON P.


61 A.D.3d 448 (2009)

877 N.Y.S.2d 30

In the Matter of AARON P. and Another, Infants. JUAN C.P., Appellant; GRAHAM-WINDHAM, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.


Because respondent did not maintain "substantial and continuous or repeated contact" with the children, his consent to their adoption was not required (Domestic Relations Law § 111 [1] [d]). Respondent's admission that he made no child support payments during his incarceration from 1997 to 2002 is fatal to his claim of being a "consent father," as his incarceration did not "absolve him of his responsibility to support and maintain regular communication with the children...

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