In Matter of Kyle K. v. Harry K , a mother sought to terminate a father's parental rights on the grounds of "mental illness" and "permanent neglect."
After a hearing, the Erie County Family Court granted the request and awarded custody to the children's mother.
On appeal, the Appellate Division, Fourth Department, was of the opinion that mom hadn't established that dad was unable to adequately care for the children by reason of mental illness.
Although the father's reported behavior was "strange," there was no "clear and convincing evidence" that he was unable to attend to the children's needs due to mental disability. However, since he failed to complete mental health counseling or "acknowledge his children's educational problems," the AD4 concluded that the father's parental rights were properly terminated on "permanent neglect" grounds.
Interestingly, the father thought other people sent him "impulses," that his kids would be "switched" and transformed into "evil people" if allowed outside, and likes to cover the lights in his microwave with a towel.
How bad off could the guy be?
To download a copy of the Appellate Division's decision, please use this link: Matter of Kyle K. v. Harry K