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* 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 MIN OR 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 fiveJ - A22013
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months of R.L.W.’s life. Father’s relationship with Mother soon soured and he moved from the Ma ternal 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 telep hone 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 s erved notice of the petition, but he neglected to appear for the scheduled hearing or object toJ - A22013
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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 Fath er’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 mont hs 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 effo rts made by Father, if any, were in 2008
- 2009. Subsequent to those years, Father’s efforts were practically non
- existent. Father did not continueJ - A22013
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to exert himself to take and maintain a place of importance in the child’s life
. . . Father essentially fai led 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 pare ntal 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. ,J - A22013
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761 A.2d 1197, 1199 (Pa.Super. 2000)). However, “[w]e must employ a bro ad, 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 a lso 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

, 5 55 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 b e terminated after a petition filed on any of the following grounds:J - A22013
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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 b e 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. Th e 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 welf are 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 t hat Mother established the statutory grounds to terminate Father’s parentalJ - A22013
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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 mu st 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 du ties. . . . 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 si x - 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 pa rent 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 ge nuine effort to maintain a parent - child relationship; the parent must use all availableJ - A22013
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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 relati onship.” 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) th e 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 tha t 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, w e affirm on the basis of that opinion.J - A22013
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Decree affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

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

p ar ental duties; (2) In finding that the entry of a Decree terminating th e parental rights of the (1) In finding that th e Respondent bas refused or failed to perform his discretion and committed errors of l a w as follows: Father filed a Notice of Appeal to the
. Superior Court on March 30, 2015. Fath e r's S tatement of Matters Complained of on App e al, stat e s that the Trial Court abused its 2511(b). entering the decree, the Court gave primary 

### considerationto the d e velopmental, 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 terminat e d 

### 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. Circulated 08/17/2015 10:55 AM2



### (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 Circulated 08/17/2015 10:55 AM3

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. Circulated 08/17/2015 10:55 AM

### 4

himself to take and maintain a place of importance in a child's life a nd a continuing duty to love, protect and support his child and to maintain communication and associ ation with the c hild ev e n aft e r separation. He must pursue a course of c onduct consistently aimed at maintaining th e 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 (P a . 1978). 

### McCray, 460 Pa. 210, 331 A.2d 652 (1975). Appellate courts h ave set forth a v ery strict standard for measuring a parent's performance of parental duties. A p are nt must e x e rt effort to maintain communication and associ ation 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) Circulated 08/17/2015 10:55 AM

### 5

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 Circulated 08/17/2015 10:55 AM6

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 

### 2008 1 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 2 1 

### 12 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. Circulated 08/17/2015 10:55 AM

### 7

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, believingthat 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
. Circulated 08/17/2015 10:55 AM8

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 Circulated 08/17/2015 10:55 AM9



### th e mat e rnal grandpar e nts to inqu ire about the Mother and R.L.W. I d
. at 1 7 2-1 7 3 at any oth e r time. Father a dmitt e d th at from 200 9 until th e present, h e di d not cont a ct . . 

### hotel. H o w e ver, Mother would not reply to his text messag e s . Id
. at 154

- 155. As 

### st ated
above , Mother disputed F ath e r's testimony and cl aimed th at Fath e r did not conta c t her in advance to see the-child, but call e d her and wanted h e r t o bring the child to a hotel in Virgini a , when F ather h a d not seen th e child sin ce sh e 1NBS 

### six (6) months old
. F ather c laimed that h e t e xted Moth e r mostly once p e r month and Mother would
r e ply th at he would never see the child. Id. at 153. Mother denied that sh e w a s contacted by Father to s e e th e c hild other than one time in 2009
. Id
. at 202-203. F ather a lso testified th at in 2012, h e m ai l e d Christm as presents to the c hild in Suffolk Virgin ia , beli e ving th e a ddress to be Moth e r's resid e nc e , but the p res en ts were returned. Fath e r further a dmitted th at he did not mail any letters o r c ard s to th e child that he drove to Virginia and went to a hotel and texted Mother to bring the child to the F ather then averred that in 2009, when the child was 21 12 years old, he texted Mother and asked if he could see the child and Mother agre e d by text. F ather all e ged at 153
. ) Virginia and both times, the m aternal grandmother told him to leave the residen c e. Id
. two occasions, h e claimed that he went to the maternal grandparents' residence in child; however, in February 2008, Mother refused to let him see the child
. On th e other With grounds for termination under Title 23 Seetionagn ( a )(1), 

### the first line ofinquh:y as aforementioned, is the parent's explan ation for his or her conduct F ather testified that in 2008 after he moved to Pennsylvania, he att e mpted on three (3) occasions in February, March and April of 2008 to contact Mother in e ff ort to see the Circulated 08/17/2015 10:55 AM10



### an d August

- of 2014, 

### F ather ' s res pons e w as th at h e wa s wo rkin g and sa ving mon ey . H e further st ated that aft e r- aoiz, h e was textingandcalling Moth e r on her ce llphon e numb e r. Howev e r, Mother .testified th at at the end of 2011, 

### Moth e r ch ang ed h e r c ell phone number a nd h er number w a s no long e r operative. Therefore, Fath e r could not When F ather was ask e d why he did not attempt to contact his child betwe e n 2011 

### and maintain a place of importance in the child's life. It was Fathe r 's p are ntal duty to do
so. It 

### is not Mother's duty to insure that F ather maintains inter es t in his child. F ath e r essentially failed to perform his parental duties
. The Court furth e r a gre es with the Guardian Ad Lit e m's rationale as follows: I do beli e v e that there w as som e efforts mad e by D a d aft er th e initial break

- up in trying to see R.L.W
. (initial us e d) and, perh aps, e v e n though those e fforts might have be e n thwart e d by Mom and h e r family; but, I still think that too much tim e has passed and not enough has been done by D a d; and, I 

### do believe th at 

### if this Petition for T e rminati o nwasn't fil e d, be'd still just 

### be out ther e and R.L. 

### W
. (initial used) would h av e no knowl e dg e of who h e r father was, becaus e there would be no efforts m a de to reunite hims e lf with her. maintain communication 

### and interacti on with RL. 

### W
. , Father gave up quickly
. The efforts made by F ather, if any, were in 2008-2009. 

### Subsequent to those years, F ather' s efforts were practically non-existent. Father did not continue to exert himself to take p e riod of seven (7) years . Although Father may have origin a lly 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 repres e nt him in that matter. Father claimed that he was forced to hir e 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 Circulated 08/17/2015 10:55 AM11

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 Circulated 08/17/2015 10:55 AM

### 1 2

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.

_ Circulated 08/17/2015 10:55 AM13

parent." Title 23 Pa. C.S.A. Section 2511(b) specifies that a court may not t e rminate the parental rights "solely on the basis of environmental factors such as inadequ ate housing , furnishings, in c ome, 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
. F ather
. ~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 de c ision that has no bearing on the m e rits 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 pl a ces no weight on Mother ' s and Mr. M atthew'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 a dopt 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 h a ve the right to , Circulated 08/17/2015 10:55 AM

### 14

em oti o n a l n ee ds a nd th at th e m inor child h as thriv e d und er his car e . Th e minor chi ld exc e eding th e s tatut o ry re quirem e nt. In s tark c on tras t , Mr. M atth e w s h as amply d emo nstr a t e d th at h e co nti n ues to m ee t th e c hild's physi ca l , de ve lopm e n ta l and as h e h as failed t o perf

o rm p arental duti e s as it rel at es to the minor chil d for a period f ar

. . 

### minor c hild.

· The Court finds that F ath er i s not able t o m ee t th e c hild 's bes t in te r ests o r n ee ds Fin a lly, th e Court t}ot es th at th e G uardi an Ad Li tem fo r the c hil d r eco nun e nd e d th at it is in th e c hild ' s best i nt e r es t to t e rmi n at e th e pare nt al rights o fFath er t o th e VI. 

### CONCLUSION t e rm in ation of F ath e r 's par e nt a l ri g hts. applies th e sam e re asoning for concludin g th at th ese nee ds will be s erve d by the Th e Court has done this a nd finds the s ame co nsid e r atio ns appl y th at h ave
a lready be e n dis c uss e d e xt e nsively in thi s m e morandum
. Furth e rmo re, th e Cou rt In re Mat soc k, 611 A.2d 738 (1992 )
. 

### welfar e of th e c hild under one of the grounds of terminati o n , th e co urt mus t do so a g ai n . sep arate inq u iry a nd eve n wher e the court has alr ea dy considered th e n ee ds an d the de ve lopm e ntal ,

physi ca l and emotional n ee ds a nd w e lf are of th e child. " This is to b e a warr a nted und e r the A c t , th e c ou rt must then "gi ve primary cons id er ation t o the Onc e the Court h as found th at involuntary termination of parental rights is B. NEEDS AND WELFARE OF THE CHILD a ddr e ssed. granting the termination of F ather's parentalrights a nd b e cau se of th e pres e nc e of other, ind e pend e nt fa c tors utilized, this considerati o n do e s no t apply a nd 

### will not be As 

### "environmental factors beyond the co ntrol of " F ath e r " w as not the l inc hpi n i n Circulated 08/17/2015 10:55 AMLori Bowen, Esquire

· 216 N. River Street Suite560 Wilkes-Barr e, PA 18702 Kri stopher 

### J. Januzzi.Esquire 46 Public Square Suit e 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 figur e and te rminating the parental Circulated 08/17/2015 10:55 AM