MATTER OF MESSIAH C.T.

11062-10204/17.

180 A.D.3d 544 (2020)

116 N.Y.S.3d 278

2020 NY Slip Op 01241

In the Matter of Messiah C.T., an Infant. Eusebio C.T., Appellant; The Children's Village, Respondent.

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

Decided February 20, 2020.


The finding of abandonment is supported by clear and convincing evidence that the father did not visit the child or communicate with the child or the agency, although able to do so and not prevented or discouraged from doing so by the agency, during the six months immediately preceding the filing of the termination petition (see Social Services Law § 384-b[4][b]; [5][a]). "While [an incarcerated] parent of course is not able to visit the child, he or she is still...

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