J-S52001-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: ADOPTION OF: D.F., A 

MINOR

APPEAL OF: T.M., MOTHER AND 

A.M., STEP-FATHER

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1141 EDA 2019

Appeal from the Decree April 9, 2019

In the Court of Common Pleas of Delaware County 

Orphans’ Court at No(s): 113-2014

BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J.

MEMORANDUM BY OTT, J.: FILED NOVEMBER 25, 2019

T.M. (“Mother”) and A.M. (“Stepfather”) (collectively, “the Petitioners”) 

appeal pro se from the Decree entered April 9, 2019, denying their petition

for involuntary termination of the parental rights of D.F. (“Father”) to D.F. 

(“Child”), a male born in November 2003, and dismissing all outstanding 

petitions in the case as moot. After careful review, we affirm. 

The facts and procedural history of this case are not entirely clear from

the record. It appears that Child was born of Mother’s brief relationship with 

Father. The Petitioners aver on appeal that this relationship lasted less than 

a year, beginning sometime in 2003 and ending shortly after Child’s birth. 
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The Petitioners’ brief at 5. In addition, they aver that Mother met Stepfather 

in 2007 and married him in 2010. Id.1

On December 5, 2014, the Petitioners filed their counseled petition to 

involuntarily terminate Father’s parental rights to Child, pursuant to 23 

Pa.C.S. § 2511(a)(1), along with a petition for adoption, and a consent to 

adoption form that Child had signed. The Petitioners averred that Father had 

no contact with Child since April 2012 and had not contributed to the support 

of Child since May 2012. They further averred that Father exercised “partial 

visitation” until Child was three years old, but that, since that time, he had 

been “in and out of prison, and was recently paroled from SCI Highlands[.]” 

Petition for Involuntary Termination of Parental Rights, 12/5/14, at ¶ 12. The 

Petitioners attached to their petition a copy of a temporary custody order, 

dated March 26, 2013, which awarded sole legal and primary physical custody 

of Child to Mother, and indicated that Father could file for partial physical 

custody after his release from incarceration in New Jersey, and/or after July 

22, 2013. 

Father filed an answer to the termination petition on February 13, 2015.

Among other things, Father averred that he was incarcerated from September 

2012 until April 2013, and from September 2013 until October 2014. Father 

____________________________________________

1 Father requests that we strike the portions of the Petitioners’ brief for which 

there is no record support, which includes these averments. Father’s brief at 

9. It is important to note that we do not rely on the Petitioners’ averments as 

truth, but we include them here only to provide context for the procedural 

history of this matter. 
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averred that he filed a petition to modify custody on October 17, 2014, shortly 

after his release. On February 20, 2015, the orphans’ court continued the 

matter until further order of court, directing that a decision be reached in the 

custody case before proceeding further in the termination case. 

This case remained dormant for nearly four years, until the Petitioners 

filed a pro se petition to relist their prior termination petition on January 10, 

2019. The Petitioners averred that, following the proceedings in 2014, the 

trial court in the custody case entered an order on September 17, 2015, which 

awarded supervised partial physical custody to Father. The Petitioners further 

averred that they filed a petition for contempt against Father on December 

30, 2015, but that he did not appear at the hearing on June 7, 2016, because 

of another incarceration.2

The orphans’ court commenced a hearing on the termination petition on 

March 4, 2019, at which Father was not present and the Petitioners appeared 

pro se. Father’s court-appointed counsel indicated that she had been unable 

to contact Father at his last-known address, and that she had only recently 

discovered that he was incarcerated. N.T., 3/4/19, at 3-5. The court then 

questioned Mother, who acknowledged that she was aware of Father’s 

incarceration because she had been “notified through VINELINK[.]” Id. at 6-

8. Counsel for Father interjected, explaining that her secretary called Mother 

____________________________________________

2 The Petitioners attached a police dispatch report in support of this averment. 

However, the report describes an incident that took place on June 16, 2016, 

over a week after the contempt hearing. 
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and that Mother failed to advise the secretary that “there was an issue with 

possible incarceration.” Id. at 7. Following an off-the-record discussion, the 

court announced that it would continue the hearing so that Father could 

participate. Id. at 8. 

At the rescheduled hearing on March 15, 2019, the Petitioners once 

again appeared pro se. Father was still incarcerated but participated in the 

hearing using video conferencing and his court-appointed attorney was in the 

courtroom. At the start of the hearing, Mother testified on her own behalf. 

She testified that Father had not seen Child for “almost two years” at the time 

she and Stepfather filed their initial petition to terminate Father’s parental 

rights on December 5, 2014. N.T., 3/15/19, at 7. As detailed above, Mother 

explained that the orphans’ court continued the termination matter due to

Father’s custody petition. Id. at 7-8. After the custody proceedings, Father 

exercised supervised partial physical of Child until he was “once again 

incarcerated and locked up” in June 2016. Id. at 8, 12-13. She continued, 

“[s]o I would say it’s December of 2015 till today there was no contact with 

[Father] and [Child], no phone calls, no letters, nothing at all.” Id. at 8. 

Mother testified that Father’s lack of involvement was a theme in Child’s life, 

in that Father would often visit with Child for short periods of time before being 

incarcerated. Id. Father would then “go away for a year or two at a time” 

before “show[ing] up abruptly, like Christmas Day back in 2010 where he 

show[ed] up at my doorstep unannounced and just want[ed] to take [Child].”

Id. Mother added that Father had never called Child on his birthday, sent him 
J-S52001-19

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a birthday card, or even acknowledged when it was Child’s birthday. Id. at 

10. 

On cross-examination, Father’s counsel questioned Mother regarding 

whether she provided Father with her address or the name of Child’s school 

during the previous two years. Id. at 13-14. Mother admitted that she did 

not provide Father with the name of Child’s school or her address, but insisted 

that her address “is on the docket. It’s public record.” Id. Father’s counsel 

also questioned Mother regarding a video game console that Father purchased 

for Child. Id. at 14. Mother admitted that Stepfather did not allow Child to 

keep the video game console, although she stressed that she was not present 

at the time this incident occurred, and that it took place “over three years ago, 

three-and-a-half years ago.” Id. at 14-15.

The orphans’ court then heard the testimony of Father. Father conceded 

that he last had contact with Child in either December 2015 or January 2016. 

Id. at 22. Father testified that he has been incarcerated, “[f]or the most 

part,” since that time, and that he did not know where Child was living. Id.

at 23-24. Father explained that Mother “never really gave me an address or 

a phone number” and that he had no way of contacting Child over the last two 

years by sending him a letter or calling him on the phone. Id. at 23-25.

Father further testified that he purchased a portable video game device 

for Child during the time that he was exercising custody. Id. at 27. Father 

recounted that Child used the video game device to stay in contact with him.

Id. at 28. Father asserted, however, that Stepfather “found out and forbid us 
J-S52001-19

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[sic] to communicate. . . . But he was sneaking around doing it because he 

didn’t want [Stepfather] to get mad at him.” Id. at 28. On redirect, Father 

described a similar incident during which he bought a video game console for 

Child “for Christmas in 2015 and [Stepfather] refused to let him have it.” Id.

at 42. 

On cross-examination, Mother questioned Father regarding whether he 

sent her certified mail at her home address in connection with the 2014 child 

custody case. Id. at 28-29. When Mother followed up and asked whether he 

had her address in 2014, Father responded, “I looked it up on BeenVerified[3]

because I had to get the mail to you and that was on the advice of the attorney 

I had. . . . I’ve had your address[.]” Id. at 29. 

Mother also questioned Father regarding his failure to place a phone call 

to Stepfather, whose phone number he had previously possessed. Id. at 29-

30. Father acknowledged that he was released from incarceration for “[j]ust 

under 90 days” before being incarcerated again in December 2018. Id. at 29.

Father explained that he did not attempt to call Stepfather during that time 

because “I do not have [Stepfather’s] phone number. That phone has been 

gone for the two years. I have no phone number.” Id. at 29-30. He

continued, “I’ve been incarcerated. That phone that I had is gone. Her 

____________________________________________

3 Father indicated elsewhere in his testimony that “BeenVerified” is a website. 

See N.T., 3/15/19, at 23 (“I didn’t have the address at the time. How I got 

her address was off of BeenVerified.com.”). 
J-S52001-19

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number was in the phone which I no longer have. . . . And [Stepfather’s] 

number was in that phone, which I no longer had.” Id. at 30.

Finally, the orphans’ court heard briefly from Child’s guardian ad litem

(“GAL”). Child’s GAL explained that she met with Child once at the courthouse 

and also spoke to Child once on the phone. Id. at 45. The GAL indicated that 

she had never visited with Father and had no information indicating that Child 

would be unsafe in Father’s care. Id. at 45-46. Nonetheless, the GAL noted 

that, “[a]ccording to [Child], his father did not spend a lot of time with him. 

He was parented by his stepfather.” Id. at 46. The GAL presented the court 

with a report, which the court entered into evidence. In the report, the GAL 

recommended that the court terminate Father’s parental rights, and described 

Child’s preferences as follows: “[Child] explained that all his life he has known 

[Stepfather] to be his father. His earliest memories include [Stepfather] as 

his father. The teenager seems to be bonded to his stepfather. [Child] 

understands what adoption means and expressed his desire to be adopted by 

his step father, [sic] [Stepfather].” The GAL’s report at 1-2 (unnumbered 

pages). 

After the hearing, on April 9, 2019, the court entered a decree denying 

the Petitioners’ petition and dismissing all outstanding petitions in the case as 

moot. The Petitioners timely filed a pro se notice of appeal on April 18, 2019, 

along with a concise statement of errors complained of on appeal. 

The Petitioners now raise the following claims for our review:
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[1.] Did the [orphans’] court err when it dismissed the Petition for 

Involuntary Termination of Parental Rights filed by [the 

Petitioners]?

[2.] Did the [orphans’] court err when it found that [the] 

Petitioners . . . failed to properly aver the provision of 23 Pa. C.S.[]

§[]2511 (a)(2)” ...emphasizes [sic] the child’s present and future 

need for “essential parental care, control or subsistence necessary 

for his physical or mental well-being?”

[3.] Did the [orphans’] court err in refusing to allow [the] 

Petitioners . . . to present evidence and testimony that the best 

interests of the [c]hild would be served by allowing Step-Father 

[sic] to adopt the child, by not allowing the testimony of StepFather [sic] as it pertains to his relationship with [C]hild or to have 

said child testify?

[4.] Did the [orphans’] court err when it found that [the] 

Petitioners . . . engaged in obstructive behavior preventing Father 

from having a relation[ship] with said [c]hild?

[5.] Did the [orphans’] court abuse its discretion under Section 

2313(a.1) of the Adoption Act, 23 Pa.C.S.[] §§ 2101-2938[,] by 

automatically assigning Father with a [c]ourt[-a]ppointed 

[a]ttorney?

The Petitioners’ brief at 4-5 (suggested answers omitted).

We address these claims mindful of the following standard of review: 

The standard of review in termination of parental rights cases 

requires appellate courts to accept the findings of fact and 

credibility determinations of the trial court if they are supported 

by the record. If the factual findings are supported, appellate 

courts review to determine if the trial court made an error of law 

or abused its discretion. A decision may be reversed for an abuse 

of discretion only upon demonstration of manifest 

unreasonableness, partiality, prejudice, bias, or ill-will. The trial 

court’s decision, however, should not be reversed merely because 

the record would support a different result. We have previously 

emphasized our deference to trial courts that often have first-hand 

observations of the parties spanning multiple hearings.
J-S52001-19

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In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and quotation marks 

omitted). 

Section 2511 of the Adoption Act governs involuntary termination of 

parental rights. See 23 Pa.C.S. § 2511. It requires a bifurcated analysis:

. . . . 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.

In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted).

In the instant case, the Petitioners sought to terminate Father’s parental 

rights pursuant to Sections 2511(a)(1) and (b),4 which provide 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:

(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.

____________________________________________

4

In their brief, the Petitioners suggest that the orphans’ court erred by failing 

to terminate Father’s parental rights pursuant to Section 2511(a)(2) as well. 

See The Petitioners’ Brief at 6-7. However, our review of the record confirms 

that the Petitioners’ requested termination of Father’s rights in their petition 

with respect to Section 2511(a)(1) only. 
J-S52001-19

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***

(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(a)(1), (b).

To meet the requirements of 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.” In re Z.S.W., 946 A.2d 726, 730 (Pa. Super. 2008). 

The orphans’ court must then consider the parent’s explanation for his or her 

abandonment of the child, in addition to any post-abandonment contact. Id. 

We have emphasized that a parent does not perform parental duties by 

displaying a merely passive interest in the development of a child. In re 

B.,N.M., 856 A.2d 847, 855 (Pa. Super. 2004), appeal denied, 872 A.2d 1200 

(Pa. 2005) (quoting In re C.M.S., 832 A.2d 457, 462 (Pa. Super. 2003), 

appeal denied, 859 A.2d 767 (Pa. 2004)). Rather,
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[p]arental duty requires that the parent act affirmatively with 

good faith interest and effort, and not yield to every problem, in 

order to maintain the parent-child relationship to the best of his 

or her ability, even in difficult circumstances. A parent must utilize 

all available resources to preserve the parental relationship, and 

must exercise reasonable firmness in resisting obstacles placed in 

the path of maintaining the parent-child relationship. Parental 

rights are not preserved by waiting for a more suitable or 

convenient time to perform one’s parental responsibilities while 

others provide the child with his or her physical and emotional 

needs. 

Id. (citations omitted). 

Of particular importance to this appeal, incarceration does not relieve a 

parent of the obligation to perform parental duties. Our case law does not 

require that an incarcerated parent “perform the impossible.” Id. at 857. 

However, that parent must utilize the resources available in prison to preserve 

a relationship with his or her child. Id. at 855; see also In re Adoption of 

S.P., 47 A.3d 817, 828 (Pa. 2012) (discussing In re Adoption of McCray, 

331 A.2d 652 (Pa. 1975)).

On appeal, the Petitioners attempt to present a variety of claims. While 

the Petitioners divide their claims into five parts in their statement of questions 

involved, they combine their claims in the argument section of their brief. We 

observe that the Petitioners have also failed to develop several of the claims 

listed in their statement of questions involved. To the extent the Petitioners 

included a claim in their statement of questions involved, but failed to develop 

that claim in the argument section of their brief, supported with citations to 

relevant legal authority, it is waived. See In re M.Z.T.M.W., 163 A.3d 462, 

465 (Pa. Super. 2017) (“It is well-settled that this Court will not review a claim 
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unless it is developed in the argument section of an appellant's brief, and 

supported by citations to relevant authority.”). We address only the claims 

that the Petitioners have preserved for our review.

In essence, the Petitioners contend that the orphans’ court should have 

granted their petition to terminate Father’s parental rights because of Father’s 

lack of contact with Child. The Petitioners’ Brief at 7-8. They argue that 

Father had their address and that, while he may have faced obstacles limiting

his ability to maintain a relationship with Child, the court erred in concluding 

that those obstacles were insurmountable or excused his failure to perform 

parental duties. Id. at 8-9. The Petitioners maintain that Father made no 

effort to overcome the obstacles. Id. at 9. They also contend that the court 

should have found Mother’s testimony to be credible. Id. at 6-7. They assert 

that Mother was not attempting to hide the fact that Father was incarcerated 

during the initial hearing on March 4, 2019, and was agreeable to continuing 

the matter once she realized Father had not been contacted. Id.5

____________________________________________

5 The Petitioners attempt to present two additional arguments as well, both of 

which fail immediately. First, the Petitioners contend that the orphans’ court 

erred by not allowing Child to testify at the hearing. The Petitioners’ brief at 

9. The record reveals, however, that the Petitioners never requested that the 

orphans’ court permit Child to testify. Additionally, our case law provides that 

a child’s testimony at a termination hearing is not necessary. See In re 

B.L.L., 787 A.2d 1007, 1014 (Pa. Super. 2001) (“[T]here is no statutory 

requirement nor is there any Pennsylvania appellate decision which permits 

or requires the testimony . . . by the child to be placed on the record as an 

integral part of a termination proceeding.”).
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The orphans’ court explained its denial of the involuntary termination 

petition as follows, in relevant part:

The [orphans’ c]ourt did not find Mother to be credible. 

Mother’s credibility came into doubt when Mother failed to advise 

Father’s counsel through her staff member of Father’s 

whereabouts or of his possible incarceration, during a phone 

conversation prior to the March 4, 2019 hearing. Not until after 

Father’s counsel described the extensive efforts she made to try 

and find Father and the [orphans’ c]ourt questioned Mother about 

Father’s whereabouts[,] explaining the importance of Father’s 

rights to due process, [did] Mother admit[] that she believed that 

Father was incarcerated. Mother explained to the [orphans’ c]ourt 

that VINElink notifies her when Father is incarcerated and through 

the years, VINElink helped her to find out Father’s whereabouts.

At the March 15th hearing, Mother testified that Father was 

currently incarcerated at George W. Hill Prison in Delaware 

County, Pennsylvania. 

There is no dispute that Father has been frequently 

incarcerated during the [c]hild’s life. The [orphans’ c]ourt 

acknowledges that despite being in prison, Father must still make 

affirmative steps to support the parent-child relationship and that 

[] Child’s life cannot be placed on hold in order for Father to 

perform his parental responsibilities. However, the Record 

established that Mother and Stepfather made Father’s ability to 

take such affirmative steps harder by engaging in obstructive 

behavior. 

Mother admitted that she did not provide her address or the 

name of [] Child’s school to Father. Mother further admitted that 

she refused to allow [] Child to keep a Christmas gift, a P[S]4 

Playstation, from Father that [] Child was using to communicate 

with Father.

____________________________________________

Second, the Petitioners argue that the orphans’ court displayed bias at 

the hearing and treated them with “contempt.” The Petitioners’ brief at 10. 

Our review of the record belies this contention, and confirms that the court 

acted with appropriate decorum and treated the Petitioners respectfully during 

the hearing. 
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Father testified that Mother never gave him her current 

home address or phone number and that he does not know where 

[] Child attends school. Father further testified that upon advice 

of counsel, he had to look up Mother’s address in order to serve 

the Custody Petition in 2014. Father testified that he and [] Child 

used the Playstation to communicate with each other, but 

Stepfather found out about their communications and forbade 

them from further communication. Father further testified that he 

has been unable to call [] Child because he does not have Mother, 

Stepfather or [] Child’s phone number. 

***

At no time did Father tell Mother that he wanted to 

relinquish his parental rights. In fact, this Petition was originally 

filed on December 5, 2014, but the [orphans’ c]ourt continued the 

scheduled hearing because Father filed a Petition for Custody on 

October 17, 2014. The Record established that pursuant to the 

Custody Orders, Father showed a reasonable willingness and 

ability to parent [] Child and took advantage of the opportunities 

that were available to him. In addition, there was nothing in the 

Record indicating that despite Father having supervised visitation, 

[] Child was or felt unsafe while in Father’s care. The fact that 

Father had supervised visitation does not require that his parental 

rights be terminated. Therefore, the [orphans’ c]ourt, upon 

review of the totality of circumstances, properly denied the 

Petition to involuntary [sic] terminate Father’s parental rights. 

***

Orphans’ Court Opinion, 6/18/19, at 12-15 (citations to the record omitted).

After careful review of the record in this matter, we discern no error of 

law or abuse of discretion by the orphans’ court. Instantly, the Petitioners

filed their petition to relist the prior petition to terminate Father’s parental 

rights on January 10, 2019. While it is clear that Father failed to perform 

parental duties for Child during the six months immediately preceding the 

filing of the petition, the record confirms that the Petitioners erected obstacles 
J-S52001-19

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that impaired his ability to do so. Mother conceded that she did not provide 

Father with her address or with the name of Child’s school during the previous 

two years. N.T., 3/15/19, at 13-14. In addition, Mother acknowledged that 

Stepfather did not allow Child to keep a video game console from Father. Id.

at 14-15. Father elaborated on these obstacles during his own testimony, 

explaining that Stepfather forbade Child from communicating with him using 

a portable video game device, and that he lost Stepfather’s phone number 

after being incarcerated. Id. at 27-30.

In reaching this conclusion, we emphasize that this Court must accept 

the findings of fact and credibility determinations of the orphans’ court if the 

record supports them. T.S.M., 71 A.3d at 267; see also In the Interest of 

D.F., 165 A.3d 960, 966 (Pa. Super. 2017), appeal denied, 170 A.3d 991 (Pa. 

2017) (“The Orphans’ Court is free to believe all, part, or none of the evidence 

presented and is likewise free to make all credibility determinations and 

resolve conflicts in the evidence.”). Moreover, this Court may not reverse 

simply because the record could also support the opposite result. See S.P., 

47 A.3d at 826-27 (“Therefore, even where the facts could support an opposite 

result . . . an appellate court must resist the urge to second guess the trial 

court and impose its own credibility determinations and judgment[.]”). 

In the instant case, Mother’s behavior and testimony strongly supports

the assessment of her credibility by the orphans’ court. As described above, 

Mother admitted at the hearing on March 4, 2019, that she was aware Father 
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was incarcerated prior to the filing of the petition to relist the prior petition to 

terminate his parental rights. N.T., 3/4/19, at 6-8. However, the Petitioners

did not indicate in the petition to relist that Father was currently incarcerated.

To the contrary, the certificate of service attached to the petition indicates 

that the Petitioners served Father at his last known address outside of prison. 

Father’s counsel also stated that she was not aware Father was incarcerated 

and that Mother did not inform counsel’s secretary that he was incarcerated 

during a phone call. Id. at 7. When asked whether she provided Father with 

her address or with the name of Child’s school, Mother’s response further 

confirmed the court’s assessment that she has been unwilling to support the

relationship between Father and Child. The record contains the following 

exchange between Mother and Father’s counsel:

Q. Now, am I correct that in the last two years, you did not provide 

your home address to [Father]?

A. In the last three years and my address is on the docket. It’s 

public record. 

Q. Did you provide your address to [Father]?

A. I had no contact with [Father.]

Q. Is your answer, no?

A. My answer is no. 

Q. Did you provide the name of the school that [Child] has been 

attending for the last three years at any time to [Father]?

A. How I am going to get him that information?

Q. Is your answer, no?
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A. My answer is no. 

N.T., 3/15/19, at 13-14.

Based on the foregoing, we affirm the April 9, 2019 decree denying the 

petition to terminate Father’s parental rights to Child. It is important to note 

that Father must make efforts to maintain a relationship with Child going 

forward. Any ongoing failure to make these efforts may result in Mother filing 

another petition to terminate his rights. As we stated above, “[p]arental rights 

are not preserved by waiting for a more suitable or convenient time to perform 

one's parental responsibilities while others provide the child with his or her 

physical and emotional needs.” B.,N.M., 856 A.2d at 855.6, 7

Decree affirmed. 

____________________________________________

6 Because we conclude that the orphans’ court did not commit an error of law 

or abuse of its discretion by denying termination pursuant to Section 2511(a), 

we need not conduct an analysis of Section 2511(b). Thus, we do not address 

the GAL’s recommendation or her assertion that Child prefers adoption.

7 We also note that Child may consent to his adoption by Stepfather without 

involuntary termination of Father’s parental rights once he turns eighteen. 

See 23 Pa.C.S. § 2713(1) (“The court, in its discretion, may dispense with 

consents other than that of the adoptee to a petition for adoption when: (1) 

the adoptee is over 18 years of age[.]”).
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Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/25/19