While Charles H. was incarcerated, Saint Dominic's Home filed a petition to end his parental rights.
Because he had been out of contact with his kid, the Home, and the Bronx County Family Court, for some six months, he was found to have "abandoned" his kid and his rights were terminated.
Although he claimed he didn't intend to abandon the child, and attributed his absence to his incarceration, the Appellate Division, First Department, didn't buy that excuse. (And given the duration of his imprisonment, his family's unwillingness to care for the youngster, and, because a "stable and loving foster home" was available, the AD1 thought it best "to free the child for adoption.")
Think that fostered animosity?
To view a copy of the Appellate Division's decision, please use this link: Matter of Chartasia Delores H. v Charles H.