The children were removed on the grounds that both parents had abandoned and/or permanently neglected their children. This led to their parental rights being terminated by the court, however, both parents appealed this decision.  Although the court ruled in favor of the mother’s appeal, but the father’s rights are still subject to termination.

The father argued that the Cortland County Department of Social Services (DSS) was preventing him from having a meaningful communications with his daughter. The court found that such communications were hard because the father was currently incarcerated. Based on this factor the court ruled to dismiss the petition against him. However, the dismissal was appealed and a panel found against the father, finding that the original order should be affirmed because he failed to show that he made any efforts to contact his daughter.

If you are looking for an attorney to represent you in family court or you need legal advice, do not hesitate to contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has over 29 years of experience practicing law. He has worked with thousands of satisfied clients. He and his bilingual staff can assist you in a wide variety of matters. We offer free initial consultations. To set one up, please call our office at (800) 660-5299 or visit us online at