In Matter of Attia A. v. Gerald S. , the New York County Family Court concluded the consent of Attia-Mona's father's wasn't needed for the child's adoption, and transferred the minor's custody and care to the New York City Department of Social Services .
On appeal, the Appellate Division, First Department, noted the father hadn't appeared at the adoption hearing, and there was "clear and convincing evidence" the father was unwilling or unable to provide Attia-Mona with financial support or maintain regular contact.
The AD1 found the Family Court's determination was supported by a "preponderance of the evidence," particularly since the child's father had been homeless, failed to kick his drug and alcohol habit, and couldn't offer a "realistic and feasible plan" as to how he would provide the child with "a stable home within a reasonable time."
Looks like that one is out of the barn.
To download a copy of the Appellate Division's decision, please use this link: Matter of Attia A. v. Gerald S.