J-A22013-15

*

 Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: R.L.W., A MINOR IN THE SUPERIOR COURT OF

PENNSYLVANIA

APPEAL OF R.L.M., FATHER,

Appellant No. 583 MDA 2015

Appeal from the Decree March 6, 2015

In the Court of Common Pleas of Luzerne County

Civil Division at No(s): A-8247

BEFORE: BOWES, JENKINS, AND PLATT,* JJ.

MEMORANDUM BY BOWES, J.: FILED AUGUST 25, 2015

R.L.M. (“Father”) appeals from the decree entered on March 6, 2015, 

wherein the trial court granted the petition of M.N.M. (“Mother”) to 

involuntarily terminate his parental rights to their then-seven-year-old 

daughter, R.L.W. We affirm.

During July 2007, R.L.W. was born in Mecklenburg County, Virginia. 

Mother and Father are both from Pennsylvania originally and the couple 

resided in Pennsylvania prior to R.L.W.’s birth. After Mother discovered that 

she was pregnant with R.L.W., she moved to her parents’ (“Maternal 

Grandparents”) home in Bracey, Virginia. Father followed Mother to Virginia 

and resided with her at Maternal Grandparents’ home for the first five 
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months of R.L.W.’s life. Father’s relationship with Mother soon soured and 

he moved from the Maternal Grandparents’ residence when his daughter was 

approximately five months old. He remained in Virginia for an additional 

month before returning to Pennsylvania during early 2008. 

Prior to leaving Virginia, Father agreed that he would visit with R.L.W. 

at least once per month. However, he has not had any contact with his 

daughter since he left Virginia when she was six months old. Indeed, 

Father’s total effort to preserve a relationship with R.L.W. consisted of a 

single text that he sent to Mother during 2009, asking without any advanced 

warning, that she drop off the then-two-and-one-half–year-old child at his 

hotel room in Virginia. Father failed to send R.L.W. gifts, correspondence, or 

financial support. He claimed to have mailed a gift on one occasion during 

2012, but it was returned undeliverable. Father never instituted a custody 

action or made any other concerted efforts to visit R.L.W. While he now 

complains that he could not locate Mother after she moved from Bracey and 

changed her telephone number, Father concedes that he failed to 

communicate with Maternal Grandparents, whose contact information 

remained unchanged. 

During 2011, Mother petitioned a Virginia court to have R.L.W.’s name 

changed to match Mother’s maiden name. Father was served notice of the 

petition, but he neglected to appear for the scheduled hearing or object to 
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the petition. The court granted the unopposed petition, and the Virginia 

Department of Health updated the child’s birth certificate. 

Meanwhile, following Father’s departure, Mother remained in Bracey 

for approximately three years before moving to Richmond, Virginia, briefly, 

and then moved to Luzerne County, Pennsylvania with her current husband, 

J.L.M. Mother and R.L.W. have resided with J.L.M. since December 2011. 

The couple married on May 5, 2012. R.L.W shares a close parent-child bond 

with J.L.M., whom she identifies as her birth father. 

On August 28, 2014, Mother filed a petition to terminate Father’s 

parental rights. The petition identified J.L.M. as the prospective adoptive 

parent who would assume Father’s legal role as a parent if the petition were 

to be granted. During the ensuing evidentiary hearing, Father conceded that 

he had not interacted with his daughter in any manner since she was six 

months old. However, he asserted that Mother, J.L.M., and Maternal 

Grandparents erected a series of obstacles to block his efforts to maintain 

communication with her. The trial court made a credibility determination 

against Father and in favor of Mother and her witnesses. Essentially, the 

court found that, even if Mother and her family thwarted Father’s initial 

attempts to maintain a relationship with R.L.W., he did not make a 

concerted effort to overcome those obstacles. The trial court reasoned, “The 

efforts made by Father, if any, were in 2008-2009. Subsequent to those 

years, Father’s efforts were practically non-existent. Father did not continue 
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to exert himself to take and maintain a place of importance in the child’s 

life . . . Father essentially failed to perform his parental duties.” Trial Court 

Opinion, 4/27/15, at 10. 

On March 5, 2015, the trial court entered a decree terminating 

Father’s parental rights pursuant to § 2511(a)(1) and (b). Father filed a 

timely appeal and a concomitant Rule 1925(b) statement asserting six 

redundant issues that he reiterates on appeal as follows:

A. Did the Honorable Jennifer L. Rogers abuse her discretion and 

commit errors of law as follows: in finding that the Appellant has 

refused or failed to perform his parental duties; in finding that 

the entry of a Decree terminating the parental rights of the 

Appellant would be in the best interests of the minor child, 

R.L.W.; and in finding that the entry of a Decree terminating the 

parental rights of the Appellant would have a positive effect on 

the welfare of the minor child, R.L.W.?

B. Was there insufficient evidentiary support for the Honorable 

Jennifer L. Rogers to find as follows: in finding that the Appellant 

has refused or failed to perform his parental duties; in finding 

that the entry of a Decree terminating the parental rights of the 

Appellant would be in the best interests of the minor child, 

R.L.W.; and in finding that the entry of a Decree terminating the 

parental rights of the Appellant would have a positive effect on 

the welfare of the minor child, R.L.W.? 

Father’s brief at 4.

We review the trial court’s order to grant or deny a petition to 

involuntarily terminate parental rights for an abuse of discretion. In re 

C.W.U., Jr., 33 A.3d 1, 4 (Pa.Super. 2011). “We are limited to determining 

whether the decision of the trial court is supported by competent evidence.” 

In re R.L.T.M., 860 A.2d 190, 191 (Pa.Super. 2004) (quoting In re C.S., 
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761 A.2d 1197, 1199 (Pa.Super. 2000)). However, “[w]e must employ a 

broad, comprehensive review of the record in order to determine whether 

the trial court's decision is supported by competent evidence.” In re 

C.W.U., Jr., supra at 4. As the ultimate trier of fact, the trial court is 

empowered to make all determinations of credibility, resolve conflicts in the 

evidence, and believe all, part, or none of the evidence presented. In re 

A.S., 11 A.3d 473, 477 (Pa.Super. 2010). “If competent evidence supports 

the trial court's findings, we will affirm even if the record could also support 

the opposite result.” Id.

As the party petitioning for termination of parental rights, Mother 

“must prove the statutory criteria for that termination by at least clear and 

convincing evidence.” In re T.R., 465 A.2d 642, 644 (Pa. 1983). Clear and 

convincing evidence is defined as “testimony that is so clear, direct, weighty, 

and convincing as to enable the trier of fact to come to a clear conviction, 

without hesitancy, of the truth of the precise facts in issue.” Matter of 

Sylvester, 555 A.2d 1202, 1203–04 (Pa. 1989).

Requests to involuntarily terminate a biological parent’s parental rights 

are governed by 23 Pa.C.S. § 2511, which provides in pertinent part as 

follows:

(a) General rule.--The rights of a parent in regard to a child 

may be terminated after a petition filed on any of the following 

grounds:
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(1) The parent by conduct continuing for a period of at 

least six months immediately preceding the filing of the 

petition either has evidenced a settled purpose of 

relinquishing parental claim to a child or has refused or 

failed to perform parental duties. 

. . . .

(b) Other considerations.--The court in terminating the rights 

of a parent shall give primary consideration to the 

developmental, physical and emotional needs and welfare of the 

child. The rights of a parent shall not be terminated solely on 

the basis of environmental factors such as inadequate housing, 

furnishings, income, clothing and medical care if found to be 

beyond the control of the parent. With respect to any petition 

filed pursuant to subsection (a)(1), (6) or (8), the court shall not 

consider any efforts by the parent to remedy the conditions 

described therein which are first initiated subsequent to the

giving of notice of the filing of the petition.

23 Pa.C.S. § 2511.

The test for terminating parental rights consists of two parts. In In re 

L.M., 923 A.2d 505, 511 (Pa.Super. 2007), we explained:

Initially, the focus is on the conduct of the parent. The party 

seeking termination must prove by clear and convincing 

evidence that the parent's conduct satisfies the statutory 

grounds for termination delineated in Section 2511(a). Only if 

the court determines that the parent's conduct warrants 

termination of his or her parental rights does the court engage in 

the second part of the analysis pursuant to Section 2511(b): 

determination of the needs and welfare of the child under the 

standard of best interests of the child. One major aspect of the 

needs and welfare analysis concerns the nature and status of the 

emotional bond between parent and child, with close attention 

paid to the effect on the child of permanently severing any such 

bond.

Herein, the certified record supports the trial court’s determination 

that Mother established the statutory grounds to terminate Father’s parental 
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rights pursuant to 23 Pa.C.S. § 2511(a)(1) and (b). As it relates to 

§2511(a)(1), the pertinent inquiry for our review follows: 

To satisfy Section 2511(a)(1), the moving party must produce 

clear and convincing evidence of conduct sustained for at least 

the six months prior to the filing of the termination petition, 

which reveals a settled intent to relinquish parental claim to a 

child or a refusal or failure to perform parental duties. . . . 

Section 2511 does not require that the parent demonstrate both 

a settled purpose of relinquishing parental claim to a child and 

refusal or failure to perform parental duties. Accordingly, 

parental rights may be terminated pursuant to Section 

2511(a)(1) if the parent either demonstrates a settled purpose 

of relinquishing parental claim to a child or fails to perform 

parental duties.

In re D.J.S., 737 A.2d 283, 285 (Pa.Super. 1999) (quoting Matter of 

Adoption of Charles E.D.M., II, 708 A.2d 88, 91 (Pa. 1998)) (internal 

citations omitted). Although the six months immediately preceding the filing 

of the petition are the most critical to the analysis, the trial court must 

consider the whole history of a given case and not mechanically apply the 

six-month statutory provision. In re B.,N.M., 856 A.2d 847 (Pa.Super. 

2004). Additionally, to the extent that the trial court based its decision to 

terminate parental rights pursuant to subsection (a)(1), “the court shall not 

consider any efforts by the parent to remedy the conditions described 

therein which are first initiated subsequent to the giving of notice of the 

filing of the petition.” In In re C.M.S., 832 A.2d 457, 462 (Pa.Super. 2003), 

we explained, “A parent is required to exert a sincere and genuine effort to 

maintain a parent-child relationship; the parent must use all available 
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resources to preserve the parental relationship and must exercise 

‘reasonable firmness’ in resisting obstacles placed in the path of maintaining 

the parent-child relationship.”

Once the evidence establishes a failure to perform parental duties or a 

settled purpose of relinquishing parental rights, the court must then engage 

in three additional lines of inquiry: (1) the parent's explanation for his or her 

conduct; (2) the post-abandonment contact between parent and child; and 

(3) consideration of the effect of termination of parental rights on the child 

pursuant to Section 2511(b). In re Z.S.W., 946 A.2d 726, 730 (Pa.Super. 

2008).

Instantly, Father’s arguments focus on the alleged impediments that 

Mother used to thwart his efforts to maintain a relationship with R.L.W. 

Father asserts that, as early as 2009, Mother adopted the position that she 

would not permit him to be involved in their child’s life. He also notes that 

Mother moved from Virginia to Pennsylvania without informing him of her 

new address or telephone number. Finally, Father challenges Mother’s 

decision to forgo informing R.L.W. of his existence or revealing to R.L.W. 

that he was her birth parent. 

After a thorough review of the parties’ briefs, pertinent law, and the 

certified record, we conclude that the Honorable Jennifer L. Rogers cogently 

and accurately addressed Father’s arguments in her well-reasoned opinion 

entered on April 27, 2015. Therefore, we affirm on the basis of that opinion. 
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Decree affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 8/25/2015
Respondent would be in the best interests of the minor child, R.L.W. 

parental duties; 

(2) In finding that the entry of a Decree terminating the parental rights of the 

(1) In finding that the Respondent bas refused or failed to perform his 

discretion and committed errors of law as follows: 

Father filed a Notice of Appeal to the.Superior Court on March 30, 2015. Father's 

Statement of Matters Complained of on Appeal, states that the Trial Court abused its 

2511(b). 

entering the decree, the Court gave primary considerationto the developmental, 

physical, and emotional needs and welfare of the child pursuant to 23 Pa.C.S.A. § 

child's natural father. A bearing was held on February 4, 2015, and on March 5, 2015, 

the Court entered a decree terminating the parental rights of Father. Particularly, 

Father's parental rights were terminated pursuant to 23 Pa.C.S.A. § 2511(a)(1). In 

Termination of Parental Rights (Petition) addressing Ryan Lee McCrum, (Father) the 

R.L.W., and Petitioner, John L. Matthews, is Mother's husband and step-father of the 

child. On August 28, 2014, Mother and Mr. Matthews filed aPetition for Inv.oluntary 

Petitioner Megan N. Matthews (Mother) is the natural mother of the child, 

I. PROCEDURAL HISTORY 

MEMORANDUM ISSUED PURSUANT TO PA. R.A.;e. 1925 {a) 

INRE: IN THE COURT OF COMMON PLEAS 

OF LUZERNE COUNTY. 

ORPHAN'S COURT DMSION 

Adoption Nos: 8247 

583 MDA2015 

R.L.W. 

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(3) In finding that the entry of a Decree terminating the parental rights of the 

Respondent would have a positive effect on the minor child, R.L.W. 

In addition, Father avers that there was insufficient evidence to support the 

findings in (1}·(3} in the above paragraphs. 

II, FINDINGS OF FACT 

The minor child, R.L.W. was born on July 17, 2007. R.L.W. is currently seven (7) 

years old. The appeal involves the proposed termination of Father's parental rights. 

It is unrebutted that the Father has not seen R.L.W. since the child was six (6) 

months old. The child has been residing with Mother and the maternal grandparents 

since birth until 2011 and with Mother and the step-father, John L. Matthews from 

Decernber of zo n untilthepresent. N.T. 2/4/2015at 6,.95, 169. 

In meeting their requisite burden of proof by clear and convincing evidence 

regarding the termination of Father's parental rights, Mother and Mr. Mathews testified 

on their own behalf, in addition to the maternal grandmother, Linda Lewis testifying on 

their behalf. Father testified on his own behalf. 

III. CONCLUSIONS OF LAW 

After consideration of the credible evidence as summarized above and more 

detailed below, the Court concludes: 

(1) Petitioners have shown by clear and convincing evidence that the 

parental rights of the Father to the minor child, R.L. W: should be 

terminated pursuant to 23 Pa. C.S.A. Section 25n(a)(1). 

(2) Petitioners have shown by clear and convincing evidence that the 

termination of the parental rights of Father, to his minor child, R.L.W., 

< 

1 

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A court may terminate parental rights under Section 2511(a)(1) when: 

Lillie, 719 A.2d 327 (Pa. Super 1998)) 

environment." In Re: J .A.S., Jr., 2003 Pa. Super. 112, ( citing In the interest of 

has stated "a parent's basic constitutional right to custody and rearing of his or her child 

is converted upon the failure to fulfill his or her parental duties to the child's right to 

have proper parenting in fulfillment of his or her potential in a permanent, healthy, safe 

statutory criteria have been met. Santosky v. Kramer, 455 U.S. 745 (1982), In Re: 

T.R., 502 Pa. 165, 465 A.2d 642 (1983). However, as the Pennsylvania Supreme Court 

parental rights is an issue of constitutional dimensions because of the fundamental right 

of an individual to raise his or her own child. Therefore, in proceedings terminating 

parental rights, the Petitioner must prove by clear and convincing evidence that the 

The statute permitting involuntary termination of parental rights in 

Pennsylvania, 23 Pa. C.S.A. Section 2511, sets forth the certain irreducible minimum 

requirements of care that parents must provide to their children. Termination of 

"Except as otherwise prescribed by this rule, upon receipt of the notice of appeal, 

the judge who entered the order giving rise to the notice of appeal, if the reasons for 

the order do not already appear of record, shall forthwith file of record at least a 

brief opinion of the reasons for the order, or for the rulings or other errors 

complained of, or shall specify in writing the place in the record where such 

reasons may be found." (emphasis added) 

Order" states: 

The General rule under Pa.RAP. 1925(a)(1) entitled "Opinion in Support of 

IV. DISCUSSION; GROUNDS FORTERMINATION 

Section 2511(b). 

best serves the needs and welfare of the child pursuant to 23 Pa. C.S.A. 

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himself to take and maintain a place of importance in a child's life and a continuing duty 

to love, protect and support his child and to maintain communication and association 

with the child even after separation. He must pursue a course of conduct consistently 

aimed at maintaining the pa.rental relationship. In.re-Adoption of M.J.H·., 501 A.2d 

648 (Pa. Super. 1985); In re V.E. 611-A. ad 1267 (Pa. Super. 1992); and Adoption Qf 

S.H., 383 A.2d. 529 (Pa. 1978). 

McCray, 460 Pa. 210, 331 A.2d 652 (1975). Appellate courts have set forth a very strict 

standard for measuring a parent's performance of parental duties. A parent must exert 

effort to maintain communication and association with the child .. In re Adoption of 

A parent must demonstrate a continuing interest in the child and make a genuine 

Id. 

· Because a child needs more than a benefactor, parental duty requires that a 

parent 'exert himself to take and maintain a place of importance in the child's 

life/ 

This affirmative duty encompasses more than a financial obligation; it requires 

continuing interest in the child and a genuine effort to maintain communication 

and association with the child. · 

There is no simple or easy definition of parental duties. Parental duty is best 

understood in relation to the needs of a child ... These needs, physical and 

emotional, cannot be met by a merely passive interest in the development of the 

child ... the pa.rental obligation is a positive duty which requires affirmative 

performance. ' 

Burns, 474 Pa. 615, 379 A.2d.535 (1977)): 

the issue in In re Shives, 363 Pa. Super. 225, 525 A.2d. 801, 802 (1987) (citing In re 

Parental duties are multifaceted. The Pennsylvania Superior Court has addressed 

The parent by conduct continuing for a period of at least six mouths immediately 

preceding the filing of the Petition has either evidenced a settled purpose of 

relinquishing parental clairri to a child OR has refused or failed to perform parental 

duties. (emphasis added) 

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Mother testified that Father has not seen the child since the child was six ( 6) 

months old. Mother also testified that R.W. is seven (7) years old and her date of birth 

is July 17, 2007. N.T. 2/4/15. Mother stated that in 2007, sheand Father resided with 

R.L.W. and the maternal grandparents in Bracey, Virginia for a period of five (5) months 

after the child's birth. Id. at 5-6. Mother further testified that when Father resided with 

· the maternal grandparents, he did not help in taking care of the baby. Id. at 6. Mother 

stated that her parents offered Father a job and provided food and shelter for Father; 

however, Father did not appreciate herparents' generosity. Id. at 36. · 

Mother then testified that five (5) months after the child's birth, Father moved 

out of her parents' residence and remained in Virginia for one additional month <luting 

which he resided with his employer. During that one month period, Mother testified 

that she would take the child to see Father for one hour per week. Id. at 8. She testified 

in January 2008, Father saw the child a total of 4-5 times. Id. at 31. Also, Mother 

testified that she believed that Father had an alcohol problem and did not trust him to 

· drive with the child; therefore, she always transported the child for visitation with 

Father. Mother also testified that Father was arrested twice for driving under the 

influence of alcohol, the first time, prior to the child's birth, and the second time in or 

around 2011. Id. at 56. 

Father disputed Mother's testimony by stating that Mother did not bring the 

child to him for visits in January of 2008. Instead, Father testified that he saw the child 

three (3) times after he moved out. He stated the first time he took the child to the mall 

to take pictures with San ta Claus. The second time; he had the child for one hour on 

Christmas day and the third time, he met Mother and the child at Denny's restaurant, 

He subsequently moved to Pennsylvania. Id. at 138-139 

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Father further testified that a reason his relationship with Mother failed was 

Mother and the maternal grandmother did not want Father's family to visit the child in 

Virginia. He testified that his father and stepmother came to visit for a weekend and 

subsequent to said visit, when they were still an intact family, Mother and grandmother 

complained every time his family members wanted to return. Id. at 130-133 Mother 

testified that her problem with Father's family was that when they visited in Virginia, 

they drank alcohol excessively and were inebriated all weekend. Id. at 204 

After the child was six (6) months old, Mother testified that Father moved to 

Pennsylvania and had an agreement with Mother that he would see the child every 

weekend, in addition to sending financial support to the child. Father also admitted that 

he had not seen the child since she was six (6) months old; however, Father averred that 

he told Mother he would visit once per month not every weekend. Id. at 145-46~ 

Assuming arquendo, that Father did tell Mother that he would only see the child once 

per month, Father did not visit the child one weekend per month, nor did Father send 

any financial support for the child. Mother testified that Father left Mother without 

giving Mother his cell phone number or providing Mother with his new address. Id. at 

8. Mother testified that in or around March of 20081 she received a text message from 

Father asking for the child's social security number for health insurance purposes. 

However, Mother did not provide Father with the child's social security number. Id. at 

9. In 2009i when the child was 2112 years old (after Father has not seen the child in two 

(2) years) Mother stated she received a text message from Father, without any advance 

warning, requesting that she bring the child and drop off the child at his hotel room in 

Virginia. Mother refused to drop off the child and leave the child with Father in light of 

the fact that the child would not have recognized Father as a parent. Id. at 10. 

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In December of 2011, Mother filed a name change petition requesting to have the 

child's last name changed to her Maiden name. Although Father was served with the 

Petition, Father did not appear for the hearing. Id. at 12. ~er Father moved from 

Virginia to Pennsylvania in January of 2008, Father did not send any gifts, cards or 

money to the child. Father did not further attempt to contact the child on holidays and 

on the child's birthdays. As stated above, Father has not seen the child from 2008 until 

the present. Id. at 17. Father testified that once in 2012, he sent Christmas gifts to the 

child in Suffolk Virginia, believing that Mother resided at that address, but the gifts were 

returned to him. Id. at 173. 

Mother testified that Father left Virginia in January of 2008, and that she had the 

same cell phone number until December 0{2011. Thereafter, she and her husband 

decided to obtain a new phone number with a family plan. Mother testified that 

between 2008 and 2011 (other than the one request made by Father to see the child in 

2009) Father did not request to see the child. Id. at 49-50. Mother testified that in 

December of 2011, she did not advise Father of her new cell phone number; however, 

she testified that Father knew her parents' address in Virginia and their phone number 

which has not been changed. Id. at 51-52 

Ms. Lewis, the maternal grandmother, corroborated Mother's testimony. Ms. 

Lewis testified that Father lived with Mother and the child for five (5) months after the 

child's birth. Id. at 69 Ms. Lewis testified that while Mother was pregnant, Mother 

moved from Pennsylvania to Virginia. Afterwards, Father quit his job in Pennsylvania 

and followed Mother to Virginia to stay at the maternal grandparents' home. According 

to the maternal grandmother, the maternal grandparents allowed Mother. and Father to 

reside with them and helped Father obtain employment. Ms. Lewis testified that while . 

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Based on the testimony given, the Court finds that Father has refused or failed to 

perform his parental duties six (6) months prior to the filing of the Petition for 

Termination of Parental Rights. Once the evidence establishes a failure to perform 

parental duties or a settled purpose of relinquishing parental rights, the court must 

engage in three lines of inquiry: (1) the parent's explanation for his or her conduct; (2) 

the post-abandonment contact between parent and child; and (3) consideration of the 

effect of termination of parental rights on the child pursuant to Title 23 Pa.C.S.A § 2511 

(b). In re: z.s. W., 946 A.2d 726, 730 (Pa. Super. 2008) 

172. 

Father was residing in her residence, he would wake up at 6:30 a.m. for work and return 

home by 5:30 p.m. However, Father was not involved with the child and did not help 

Mother in taking care of the child. Ms. Lewis described Father as an "absent" father. 

Ms. Lewis testified that Motl~er was the one that took care of the babyat night and 

during the day. Id. at 70. 

·Ms. Lewis further corroborated Mother's testimony by stating that after Father 

moved out of their residence, Mother remained residing with them for 3-4 years until 

Mother moved to Richmond, Virginia to commence school. Id. at 73 Ms. Lewis testified 

that two and one half years after Father moved to Pennsylvania, Father texted Mother to 

have the child dropped off at his hotel room. Ms. Lewis testified that she saw the text 

message sent by Father. Id. at 74, 92. Ms. Lewis further testified that over the years, 

she-and the maternal grandfather were never contacted by Father requesting Mother's 

address or contact information. The maternal grandparents have always resided at the 

. same address. Id. at 76. Father further admitted that over the years; he did not contact 

the maternal grandparents' residence in attempt to locate Mother and the child. Id. at 

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the maternal grandparents to inquire about the Mother and R.L.W. Id. at 172-173 

at any other time. Father admitted that from 2009 until the present, he did not contact 

. . 

hotel. However, Mother would not reply to his text messages. Id. at 154-155. As stated 

above, Mother disputed Father's testimony and claimed that Father did not contact her 

in advance to see the-child, but called her and wanted her to bring the child to a hotel in 

Virginia, when Father had not seen the child since she 1NBS six (6) months old. 

Father claimed that he texted Mother mostly once per month and Mother would 

reply that he would never see the child. Id. at 153. Mother denied that she was 

contacted by Father to see the child other than one time in 2009. Id. at 202-203. 

Father also testified that in 2012, he mailed Christmas presents to the child in 

Suffolk Virginia, believing the address to be Mother's residence, but the presents were 

returned. Father further admitted that he did not mail any letters or cards to the child 

that he drove to Virginia and went to a hotel and texted Mother to bring the child to the 

Father then averred that in 2009, when the child was 2112 years old, he texted 

Mother and asked if he could see the child and Mother agreed by text. Father alleged 

at 153.) 

Virginia and both times, the maternal grandmother told him to leave the residence. Id. 

two occasions, he claimed that he went to the maternal grandparents' residence in 

child; however, in February 2008, Mother refused to let him see the child. On the other 

With grounds for termination under Title 23 Seetionagn (a)(1), the first line 

ofinquh:y as aforementioned, is the parent's explanation for his or her conduct 

Father testified that in 2008 after he moved to Pennsylvania, he attempted on three (3) 

occasions in February, March and April of 2008 to contact Mother in effort to see the 

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and August-of 2014, Father's response was that he was working and saving money. He 

further stated that after-aoiz, he was textingandcalling Mother on her cellphone 

number. However, Mother .testified that at the end of 2011, Mother changed her cell 

phone number and her number was no longer operative. Therefore, Father could not 

When Father was asked why he did not attempt to contact his child between 2011 

and maintain a place of importance in the child's life. It was Father's parental duty to do 

so. It is not Mother's duty to insure that Father maintains interest in his child. Father 

essentially failed to perform his parental duties. 

The Court further agrees with the Guardian Ad Litem's rationale as follows: 

I do believe that there was some efforts made by Dad after the 

initial break-up in trying to see R.L.W. (initial used) and, perhaps, 

even though those efforts might have been thwarted by Mom and her 

family; but, I still think that too much time has passed and not 

enough has been done by Dad; and, I do believe that if this Petition 

for Termination wasn't filed, be' d still just be out there and R.L. W. 

(initial used) would have no knowledge of who her father was, 

because there would be no efforts made to reunite himself with her. 

maintain communication and interaction with RL. W., Father gave up quickly. The 

efforts made by Father, if any, were in 2008-2009. Subsequent to those years, Father' s 

efforts were practically non-existent. Father did not continue to exert himself to take 

period of seven (7) years. Although Father may have originally made a genuine effort to 

respect to his own child, Father merely had a passive interest in seeing the child over a 

because the judge instructed him to do so. Id. at 184-186. On the other hand, with 

arrested for Driving Under the Influence, he hired an att?rney and paid him $1,000.00 

to represent him in that matter. Father claimed that he was forced to hire an attorney 

have the financial means to do so. However, Father admitted that in 2011 when he was 

Father also testified that he did not institute a custody action because he did not 

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have been trotting and calling Mother after 2012, This Court does not find Father 

credible in his testimony and believes that Father slept on his rights as a Father. 

Furthermore, when given a chance to appear at the hearing and oppose the 

child's name change in 2011, Father did not appear, claiming that he did not have a 

driver's license to drive to the bearing. However, when questioned as to the reason he 

did not use public transportation, Father did not have an adequate response. Father 

also did not write to the Court to oppose the name change. He stated he believed that it 

was simply a petition that would not result in the child's name change. Id. at 195. 

The s«ond line ofinquicy is the post-abandonment contact between parent 

and child. It was established on the record by both Mother and Father that Father bas 

not had any contact with the minor child since the child was six (6) months old. Thus, 

there was a gross excess of six months post last contact between Father and the minor 

child. N.T. 2/4/2015 at 169. 

The third line ofinQuiry, as stated in In re: Z.S. W. requires the Court to 

review the evidence in support of termination under Title 23 Pa.C.S.A Section 2511 (b ). 

The Court must determine whether the terminationof'parental rights would best serve 

the developmental, physical and emotional needs and welfare of the child. In re 

C.M.S., 884 A.2d 1284, 1286-87 (Pa. Super. 2005). "Intangibles such as love, comfort, 

security and stability are involved in the inquiry into the needs and welfare of the child/ 

Id. at 1287. The court must also discern 'the nature and status of the parent-child bond, 

with utmost attention to the effect of permanently severing that bond. Id. 

The Court finds that the child's physical needs are met by Mr. Mathews. Mother 

testified that she does not work outside the home and Mr. Matthews is the sole provider 

for the household. Mother and Mr. Matthews were married on May 5, 2012 and they 

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have been residing together with the child since December of 2011. N.T. 2/ 4/ 2015 AT 

207. Ms. Lewis, the maternal grandmother, described Mr. Mathews as an "excellent" 

caregiver. She testified that be provides a good home, food and clothing for the family. 

Id. at 77. 

The Court finds that Father also meets the child's developmental needs. Mother 

testified that when Mr. Matthews is home, he helps R.L.W. with her homework, 

especially with Math. Id. at 209. The child also helps Mr. Matthews and Mother with 

planting in the garden. Mr. Matthews testified that he takes R.L.W. with him to the 

office where she plays and colors with her crayons. Id. at 221-222. 

The Court also finds that Mr. Matthews meets the chfld's emotional needs. 

Mother testified that Mr. Matthews plays with the child many times and takes her to the 

"Bounce House". He also has taken the child to "Chuck E. Cheese" and played video 

games with the child. Id. at 208. Mr. Matthews also that testified in the summer time, 

he plays Frisbee and soccer with the child. He also takes the child to bit some golf balls, 

In the winter, he and the child sleigh ride and build snowmen. Id. at 220 Mr. Matthews 

also testified that be-takes the child horseback riding. Id. at 222. 

Mother testified that Mr. Matthews and the child have a close bond and that they 

love each other. Mother testified that R.L. W. calls Mr. Mathews "Daddy" Mother 

testified that she and Mr. Matthews have another child together and Mr. Matthews 

treats RL.W. and their son equally. Id. at 217 The maternal grandmother testified that 

she accompanies Mother, Mr. Matthews and the children on vacation. She testified that 

Mr. Matthews interacts with R.L.W. while on vacation and does many things with her. 

Ms. Lewis testified that Mr. Matthews has assumed the role of a father for R.L.W. Id, at 

78._ 

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parent." 

Title 23 Pa. C.S.A. Section 2511(b) specifies that a court may not terminate the 

parental rights "solely on the basis of environmental factors such as inadequate housing, 

furnishings, income, clothing, and medical care if found to be beyond the control of the 

A. ENVIRONMENTALFACTORS 

V. ADDITIONAL CONSIDERATIONS. -UNDER 23 P.A.C.S.A. SECTION 

2511(b) 

The Court further recognizes that in light of the fact that Father has not seen the 

now seven (7) year old child since she was six (6) months old, there is no bond existing 

between R.L.W. and Father. 

Father. ~hould they decide to do so, that is their decision and the Court 'Nill not· 

interfere with their choice. 

Mother and Mr. Matthews are not obligated by law to inform R.L.W. of her biological 

views this issue as a parental decision that has no bearing on the merits of the case. 

Mr. Matthews on their decision at the time of the hearing not to tell R.L.W. that Mr. 

McCrum is her natural Father. The Court places no weight on Mother's and Mr. 

Matthew's decision on whether to advise R.L.W. of her biological father. The Court 

Father's counsel spent a significant amount of time cross examining Mother and 

. . 

considered the same as his natural born child. Id. at 217 

inherit from Mr. Matthews and should Mr. Matthews adopt R.L.W., the child would be 

Mr. Matthews testified that if he is permitted, he would be willing to adopt 

R.L.W. He also recognizes that he would be legally obligated to R.L.W. if the adoption is 

granted. Id. at 223 . Mother also understands that R.L.W. would have the right to 

, 

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emotional needs and that the minor child has thrived under his care. The minor child 

exceeding the statutory requirement. In stark contrast, Mr. Matthews has amply 

demonstrated that he continues to meet the child's physical, developmental and 

as he has failed to perform parental duties as it relates to the minor child for a period far 

. . 

minor child. 

·The Court finds that Father is not able to meet the child's best interests or needs 

Finally, the Court t}otes that the GuardianAdLitem for the child reconunended 

that it is in the child's best interest to terminate the parental rights ofFather to the 

VI. CONCLUSION 

termination of Father's parental rights. 

applies the same reasoning for concluding that these needs will be served by the 

The Court has done this and finds the same considerations apply that have 

already been discussed extensively in this memorandum. Furthermore, the Court 

In re Matsock, 611 A.2d 738 (1992). 

welfare of the child under one of the grounds of termination, the court must do so again. 

separate inquiry and even where the court has already considered the needs and the 

developmental, physical and emotional needs and welfare of the child." This is to be a 

warranted under the Act, the court must then "give primary consideration to the 

Once the Court has found that involuntary termination of parental rights is 

B. NEEDS AND WELFARE OF THE CHILD 

addressed. 

granting the termination of Father's parentalrights and because of the presence of 

other, independent factors utilized, this consideration does not apply and will not be 

As "environmental factors beyond the control of "Father" was not the linchpin in 

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Lori Bowen, Esquire 

· 216 N. River Street 

Suite560 

Wilkes-Barre, PA 18702 

Kristopher J. Januzzi.Esquire 

46 Public Square 

Suite 101 

Wilkes-Barre, PA 18701 

COPIES TO: 

Gregory Skibitsky, Esq. 

457 North Main Street 

Suite 101 

Pittston, PA 18640 

J. 

~ JENNI 

DATE:~ :)1-/ 8 

Respectfully submitted, 

lights of biological father serves the best interest of R.L.W. 

needs and deserves a permanent and stable father figure and terminating the parental 

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