Matter of Samantha K

In Matter of Samantha K. (59 AD3d 1012 [4th Dept 2009]), the Court affirmed termination of an incarcerated father's parental rights while allowing the father to retain visitation rights even though not advocated for by the Attorney for the Child. There however the child was in the care of her great aunt who testified that, although she did not want the child to visit respondent-father in prison, she would be open to therapeutic visits after his release. Respondent-father therein was incarcerated just prior to his daughter's third birthday and visited regularly with her until transferred a prohibitive distance. Allowing post-termination visitation would promote a continuing non-traditional relationship between the child and her biological father.