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]).
Ordered that the order is affirmed, without costs.
