Lori QQ. v. Jason OO., 118 A.D.3d 1084 (N.Y. App. Div. 2014). · Go Syfert
Lori QQ. v. Jason OO., 118 A.D.3d 1084 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Gabriel E. (Barbara F.--Donald E.) (2×) also: Cited "see"
N.Y. App. Div. · 2024 · confidence medium
Surrogate's Court specifically credited petitioners' testimony and found "by clear and convincing evidence that [the father] failed to communicate or visit with the child, for a period well in excess of six months, although he was able to do so," and that the father "offered [*3]no credible information to this court as to why he has not had contact with the child in the last six months." Deferring to the trial court's factual findings and credibility determinations ( see Matter of Cecelia BB. v Frank CC ., 200 AD3d 1411 , 1414 [3d Dept 2021]), we discern no basis upon which to disturb its conc…
discussed Cited as authority (rule) Matter of Daniel OO. (William BB.--Faith OO.) (2×) also: Cited "see"
N.Y. App. Div. · 2021 · confidence medium
Upon establishing that the parent's consent to adoption is not required, "the burden shifts to the parent to demonstrate sufficient contact or an inability to engage in such contact" ( Matter of Lori QQ. v Jason OO. , 118 AD3d at 1084 [internal quotation marks and citation omitted]; accord Matter of Nathon O. , 55 AD3d 995, 996 [2008], lv denied 11 NY3d 714 [2008]; Matter of Morgaine JJ. , 31 AD3d 931, 932 [2006]).
discussed Cited as authority (rule) Matter of Hayden II. (2×)
N.Y. App. Div. · 2016 · confidence medium
Turning to the merits, “[c]onsent to adoption is not required of a parent who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of six months to visit the child and communicate with the child or person having legal custody of the child, although able to do so” (Matter of Lori QQ. v Jason OO., 118 AD3d 1084, 1084 [2014] [internal quotation marks and citations omitted; emphasis added], lv denied 23 NY3d 909 [2014]; see Matter of Zachary N. [Paul N. — Hope N.], 77 AD3d 1116, 1117 [2010]).
discussed Cited "see" Amanda EE. v. Nicholas FF.
N.Y. App. Div. · 2016 · signal: accord · confidence high
The mother appeals from both orders. * “[C]onsent to adoption is not required of a parent who evinces an intent to [forgo] his or her parental or custodial rights and obligations as manifested by his or her failure for a period of six months to visit the child and communicate with the child or person having legal custody of the child, although able to do so” (Matter of Hayden II. [Renee II.—Devan JJ.], 135 AD3d 997, 998 [2016] [internal quotation marks, emphasis and citations omitted], lv denied 27 NY3d 904 [2016]; accord Matter of Lori QQ. v Jason OO., 118 AD3d 1084, 1084 [2014], lv den…
discussed Cited "see" Amanda EE. v. Nicholas FF.
N.Y. App. Div. · 2016 · signal: accord · confidence high
The mother appeals from both orders. * “[C]onsent to adoption is not required of a parent who evinces an intent to [forgo] his or her parental or custodial rights and obligations as manifested by his or her failure for a period of six months to visit the child and communicate with the child or person having legal custody of the child, although able to do so” (Matter of Hayden II. [Renee II.—Devan JJ.], 135 AD3d 997, 998 [2016] [internal quotation marks, emphasis and citations omitted], lv denied 27 NY3d 904 [2016]; accord Matter of Lori QQ. v Jason OO., 118 AD3d 1084, 1084 [2014], lv den…
discussed Cited "see" Matter of Emma K. (2×)
N.Y. App. Div. · 2015 · signal: see · confidence high
However, the need for parental consent is obviated when the petitioners “show by clear and convincing evidence that the [respondent parent] had demonstrated an intent to forgo [his or] her parental or custodial rights and obligations, as revealed by [the] failure to visit or communicate with the child [ren] or the legal custodian for a six-month period, despite being able to do so” (Matter of Zachary N. [Paul N. — Hope N.], 77 AD3d 1116, 1117 [2010]; see Matter of Lori QQ. v Jason OO., 118 AD3d 1084, 1084 [2014], lv denied 23 NY3d 909 [2014]; see also Domestic Relations Law § 111 [2] [a…
Retrieving the full opinion text from the archive…
In the Matter of Lori QQ.
v.
Jason OO., (Proceeding No. 1.) In the Matter of Kaylee OO., an Infant. Debra OO., Respondent Lori QQ., (Proceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York.
Jun 5, 2014.
118 A.D.3d 1084
Egan, Lahtinen, Lynch, McCarthy, Rose.
Cited by 5 opinions  |  Published
Lahtinen, J.P

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered July 9, 2013, which, among other things, granted petitioner’s application, in proceeding No. 2 pursuant to Domestic Relations Law article 7, to determine that the consent of respondent was not required for the adoption of her child.

Lori QQ. (hereinafter the mother) is the biological parent of a child born in 2007. The mother had little contact with the child after the child’s first year of life. The child resided with the paternal grandmother from 2008 to August 2010 and, thereafter, with the biological father, respondent Jason 00. (hereinafter the father), and his spouse, petitioner Debra 00. (hereinafter petitioner). In October 2011, the mother consented to the father having sole legal and physical custody, and also consented to a two-year protective order prohibiting her from contact with the child or father. However, under the agreed terms, the mother could apply for visitation upon obtaining a psychological evaluation as well as an alcohol and substance abuse evaluation, and following the recommended treatment. In October 2012, the mother commenced the first of these proceedings seeking visitation and petitioner commenced the second proceeding seeking to adopt the child without the mother’s consent. After a hearing, Family Court rendered a detailed written decision dismissing the mother’s petition and granting petitioner’s application. The mother appeals.

“Consent to adoption is not required of a parent who ‘evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of six months to visit the child and communicate with the child or person having legal custody of the child, although able to do so’ ” (Matter of Shauna B., 305 AD2d 737, 737 [2003], quoting Domestic Relations Law § 111 [2] [a]; see Matter of Zachary N. [Paul N.—Hope N.], 77 AD3d 1116, 1117 [2010]). “Once the petitioner makes such a showing by clear and convincing evidence, the burden shifts to the parent to demonstrate sufficient contact or an inability to engage in such contact” (Matter of Morgaine JJ., 31 AD3d 931, 932 [2006]; see Matter of Nathon O., 55 AD3d 995, 996 [2008], lv denied 11 NY3d 714 [2008]).

[*1085] Petitioner’s initial burden was satisfied, as the record fully supports Family Court’s finding that the mother’s drug and alcohol abuse led her to have “very limited contact” with the child beginning in 2008 and she had no contact after August 2010, although she did file a visitation petition in April 2011 while incarcerated. The burden shifted to the mother and, contrary to her contention, the fact that a protective order was in place as of October 2011 does not, under the circumstances, provide an acceptable reason for the continued lack of contact. First, the protective order was entered on the mother’s consent. More significantly, Family Court provided an avenue for her to obtain supervised visitation if she sought treatment for her acute drug and alcohol problems. Indeed, Family Court offered to have the necessary appointments made for the mother. She admittedly rejected that offer and instead continued to abuse drugs and alcohol until at least June 2012, when she finally sought some treatment. Moreover, although the paternal grandmother had been cooperative in assisting the mother regarding the child and the grandmother was not included in the protective order, the mother made no effort to glean any information from the grandmother regarding the child. The record not only reflects that the mother failed to demonstrate an acceptable reason for the absence of contact or communication for over six months, but also that the impediments contributing to such absence of contact resulted from the mother’s own acts and lack of effort (see Matter of Nathan O., 55 AD3d at 996; Matter of Joshua II., 296 AD2d 646, 648 [2002], lv denied 98 NY2d 613 [2002]).

McCarthy, Rose, Egan Jr. and Lynch, JJ., concur.

Ordered that the order is affirmed, without costs.