In re M.R.D.

128 A.3d 1249

In re ADOPTION OF M.R.D. and T.M.D., Minor Children.

Appeal of M.C., Natural Father.

No. 1728 MDA 2013

Superior Court of Pennsylvania.

Argued June 30, 2015.

Filed Dec. 8, 2015.

Melody L. Protasio, Williamsport, for appellant.

Bret J. Southard, Williamsport, for appellee.

BEFORE: GANTMAN, P.J., BENDER, P.J.E., PANELLA, J., DONOHUE, J., SHOGAN, J., ALLEN, J., LAZARUS, J., MUNDY, J., and STABILE, J.

OPINION BY GANTMAN, P.J.:

Appellant, M.C. ("Father") appeals from the decree entered in the Lycoming County Orphans' court, which granted the petition of M.D. ("Mother") and Maternal Grandfather to terminate Father's parental rights to M.R.D. and T.M.D. ("Children"). Father asks us to determine whether the Orphans' court erred when it granted the termination petition because termination of his parental rights does not serve the best interests of Children. We hold the Orphans' court correctly terminated Father's parental rights to Children, under the facts and circumstances of this case; Maternal Grandfather qualified as a "good cause" candidate to adopt Children and his proposed adoption of Children is both legally feasible and realistically foreseeable; thus, termination of Father's parental rights serves the best interests of Children. Accordingly, we affirm.

To relate the relevant facts and procedural history of this case, we begin with the Orphans' court findings of fact set forth in its opinion as follows:

Finding of Facts

1. [Children] were born [in October 2004], in Lycoming County, Pennsylvania. [Children] currently reside with their [M]other [in] Lycoming County, Pennsylvania. [C]hildren's mother is [M.D.], who was born [in May 1979]. Mother is currently unmarried. [C]hildren's [M]aternal [G]randfather ... currently resides [in] South Williamsport, Lycoming County, Pennsylvania. Maternal [G]randfather is currently married to ... maternal grandmother.

2. [Children's] father is [M.C.]. Father resides [in] Pierre, South Dakota. Mother and Father met while Mother was teaching in South Dakota in 2002.

3. Mother and Father lived together in South Dakota until Mother returned to Pennsylvania in October 2003.

4. Father moved to Pennsylvania briefly in January 2004, but returned to South Dakota.

5. After Father left Pennsylvania, Mother learned of her pregnancy. Mother informed Father of her pregnancy and Mother and Father spoke infrequently throughout the pregnancy.

6. Mother moved into the home of [M]aternal [G]randfather during her pregnancy.

7. The majority of Father's family resides in South Dakota.

8. The majority of Mother's family resides in Pennsylvania.

9. In October of 2004, Father traveled to Pennsylvania following [C]hildren's birth for a few days.

10. Father is not on [C]hildren's birth certificate.

11. In December of 2004, Father traveled to Pennsylvania to visit [C]hildren. Father stayed in Maternal Grandfather's home.

12. In January of 2006, Father traveled to Pennsylvania for a visit. Mother planned special experiences between Father and [C]hildren such as their first haircuts, a professional photo session and shopping trips.

13. In February 2006, Mother discussed with Father [Mother] and [C]hildren traveling to South Dakota to meet [C]hildren's extended family. Father was not supportive.

14. In approximately August of 2006, Mother moved from [M]aternal [G]randfather's home to ... Jersey Shore, Pennsylvania. The home was owned by Maternal Grandfather and had previously been a rental property. Maternal Grandfather charged Mother no rent for the home.

15. Father was aware of the address [change] as evidenced by an envelope sent by Father to [Jersey Shore, Pennsylvania] in December of 2006. The envelope was entered into evidence.

16. In August of 2006, Mother began working at Williamsport Area School District.

17. The parties' communication became extremely infrequent.

18. Mother received the last written correspondence sent by Father in January of 2007.

19. In the Spring of 2007, Father contacted Mother. Mother felt Father was drunk during this phone call.

20. Mother changed her phone number to an unlisted number following the Spring 2007 phone call. Mother's address remained unchanged until 2010. Maternal Grandfather's address remained the same from the time of [C]hildren's birth until the hearing on August 13, 2013.

21. At the time of the hearing on the Petition for Termination of parental rights, Father had not seen [Children] since January 2006.

22. At the time of the hearing on the Petition for Termination of parental rights, Father had not sent [Children] written correspondence since January 2007.

23. Father did not send cards or gifts to [C]hildren because he was unsure if Mother's address had changed.

24. Father contacted an attorney in 2009 to discuss custody.

25. Father knows how to contact Mother's parents in Pennsylvania. Father had no contact with Mother's parents.

26. Father has provided little support for [C]hildren during the first few years of their lives. Father sent Mother money on one occasion and bought gifts on his January 2006 visit. Father had provided no further support.

27. Father has sent little more correspondence than six greeting cards to [C]hildren throughout their lives.

28. In ... November of 2012, Father called and left a voicemail at Mother's place of employment, Williamsport Area School District. Mother did not return Father's phone call.

29. Father filed for custody in December 2012, Mother received Notice of proceeding in January 2013.

30. Mother [and Maternal Grandfather] filed [a] Petition for Termination of [Father's] Parental Rights on [January 29, 2013 and an amended petition on February 28, 2013].

31. [Children] did not learn of the existence of their biological father until the summer of 2013.

32. Mother informed [C]hildren of the existence of their biological father due to the pending termination hearing and the fact that [C]hildren would be speaking with the Guardian Ad Litem regarding [F]ather.

33. When Mother, or the Guardian Ad Litem, discussed Father with the children, they listed either "Pa Pa," Maternal Grandfather[,] or "God" as their father.

34. [C]hildren have no bond with Father.

35. Father's intention is to become more involved with [C]hildren and form a relationship with [C]hildren.

(Orphans' Court Opinion, filed August 19, 2013, at 5–9). The Orphans' court held a termination hearing on August 13, 2013. As a result of the hearing and arguments presented, the Orphans' court concluded:

[T]his Court must first address and evaluate the proposed adoption of the children by Maternal Grandfather while Mother retains her parental rights. Mother has demonstrated good cause for an adoption by Maternal Grandfather in this instance.

Mother and Maternal Grandfather have shared parental duties of the minor children since their birth [in 2004]. Immediately after [M.R.D.'s] birth, he was transported to a separate hospital from Mother and [T.M.D.]. Maternal Grandfather traveled to and from each hospital to see the boys. After leaving the hospital the boys and Mother returned to [Maternal] Grandfather's home where he took on a regular role in diapering and feeding. Grandfather regularly held [T.M.D.] to help him fall asleep. Maternal Grandfather got up with [C]hildren in the night.

[Children] lived at Maternal Grandfather's home until they were 22 months old. Thereafter, Maternal Grandfather provided housing for the boys while they lived in Jersey Shore. Maternal Grandfather continues to provide significantly for the boys through groceries and other assistance. Maternal Grandfather has requested certain work hours around his need to be available to pick the boys up after school. [Maternal] Grandfather has picked the boys up regularly from daycare, preschool, kindergarten and first grade. [Maternal] Grandfather knows the boys' interests and participates in their activities. This involvement in the boys' lives has continued and developed at the boys' various stages from pretending to be pirates to learning football skills. [Maternal] Grandfather stated that the boys depend on him.

[Maternal] Grandfather has played a regular role in decision making in the boys' lives. [Maternal] Grandfather attended school conferences and has dealt with discipline issues as a team with Mother. [Maternal] Grandfather had traveled to doctor's appointment[s] with Mother. [Maternal] Grandfather and Mother have co-parented [M.R.D. and T.M.D.]. [Maternal] Grandfather vacations with the boys. [Maternal] Grandfather assists in homework. [Maternal] Grandfather has disciplined the boys. [Maternal] Grandfather attends school functions with the boys. [Maternal] Grandfather has taken the boys to his place of employment and regularly along on jobs. [Maternal] Grandfather testified that he "raised" his other children the same way he is raising [M.R.D. and T.M.D.]. [Maternal] Grandfather has been [M.R.D. and T.M.D.]'s de facto father since birth. It is clear from the testimony presented that Maternal Grandfather and Mother together have raised the boys. [Maternal] Grandfather's role in [C]hildren's lives extends far beyond the role of a typical grandparent. [Maternal] Grandfather is clearly one half of the parental unit that has raised [C]hildren. [Maternal] Grandfather's authority, control and influence over [C]hildren is equal to that of Mother.

Maternal Grandfather has been in the role of parent for [C]hildren on a nearly daily basis and will continue to do [so]. Maternal Grandfather expressed concern of providing for the boys' education and financial future. Grandfather's present job as an instructor at Pennsylvania College of Technology will provide free tuition for the boys if they are legally adopted by [Maternal] Grandfather.

Mother has demonstrated good cause as to why this adoption should be allowed to proceed. Adoption by Maternal Grandfather in this case would simpl [y] memorialize that status quo of [M.R.D. and T.M.D.]'s lives. Maternal Grandfather will continue to raise them as his [C]hildren.

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The [c]ourt finds

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