IN RE MICHAELLICA LEE W., ANTHONY MICHAEL W. pet-ap, v. ADMINISTRATION FOR CHILDREN'S SERVICES, res-res

10226. IN RE MICHAELLICA LEE W., ANTHONY MICHAEL W. pet-ap, v. ADMINISTRATION FOR CHILDREN'S SERVICES, res-res — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Katharine E.G. Brooker of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Jacob Gardener of counsel), for res — FREDERIC P. SCHNEIDER, NEW YORK, ATTORNEY FOR THE CHILD.— Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about February 17, 2012, which, to the extent appealed from as limited by the briefs, denied the father's petition for custody of his daughter, unanimously affirmed, without costs.

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10226. IN RE MICHAELLICA LEE W., ANTHONY MICHAEL W. pet-ap, v. ADMINISTRATION FOR CHILDREN’S SERVICES, res-res — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Katharine E.G. Brooker of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Jacob Gardener of counsel), for res — FREDERIC P. SCHNEIDER, NEW YORK, ATTORNEY FOR THE CHILD.— Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about February 17, 2012, which, to the extent appealed from as limited by the briefs, denied the father’s petition for custody of his daughter, unanimously affirmed, without costs.

Family Court properly found that extraordinary circumstances exist to deprive the father of custody of his child (Matter of Bennett v. Jeffreys, 40 NY2d 543, 544 [1976]). Family Court did not place undue emphasis on the father’s past criminal convictions of rape in the first degree and related crimes against four children, committed nearly 30 years earlier, or on his resulting level three sex offender status. Family Court appropriately considered this, along with other factors, in concluding that extraordinary circumstances exist (see e.g. Matter of Ruth L. v. Clemese Theresa J., 104 AD3d 554, 555 [1st Dept 2013]). Family Court also considered the father’s voluntary relinquishment of physical custody of the child (see Matter of Cote v. Brown, 299 AD2d 876 [4th Dept 2002]). Although the father claims that he had intended to surrender his then roughly seven-week-old child only temporarily because he was having fainting spells and was concerned for her welfare, he did not seek medical attention for his condition for nearly four months and did not initiate custody proceedings for almost two years. Family Court also appropriately considered the bond between the child and foster mother, with whom the child, now six years old, had lived since she was seven weeks old (Bennett, 40 NY2d at 550; see also Matter of Carolyn F. v. Pauline G., 187 AD2d 589, 590 [2d Dept 1992]).

IN RE MICHAELLICA LEE W., ANTHONY MICHAEL W. pet-ap, v. ADMINISTRATION FOR CHILDREN'S SERVICES, res-res

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