Cathy D.S. v. Patrick A.S.

684 A.2d 1251
CourtDelaware Family Court
DecidedDecember 13, 1995
DocketNo. 95-03-06T
StatusPublished

This text of 684 A.2d 1251 (Cathy D.S. v. Patrick A.S.) is published on Counsel Stack Legal Research, covering Delaware Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cathy D.S. v. Patrick A.S., 684 A.2d 1251 (Del. Super. Ct. 1995).

Opinion

BUCKWORTH, Judge.

TESTIMONIAL EVIDENCE

This is the Court’s decision on the petition filed by Cathy D. (“Mother”) (formerly Cathy S.) to terminate Patrick S.’s (“Father’s”) parental rights. Mother and Father were married in November 1986, and the child at issue, Patrick S., Jr., was bom on October 16, 1987. The parties separated in November 1990, and divorced on October 15, 1991. Mother testified that the problems which eventually led to their divorce emerged after she became pregnant with Patrick. Mother asserts, and Father does not deny, that the breakup was due largely to Father’s problems with alcohol which, among other things, caused him to disappear for days at a time. Mother testified that Father tried several times to stop drinking, and at one point was able to do so for six weeks. However, despite her pleading and her threats, Father was unable to permanently break his addiction. This situation culminated in Mother asking Father to leave in November 1990. The parties have not lived together since that time, and Mother remarried in June 1995. Father agrees that Patrick has a good life with Mother and his stepfather, Douglas D. Mr. D. would like to adopt Patrick. Testimony from Mother and Mr. D. indicates that Patrick believes he would like for Mr. D. to adopt him.

After the parties’ divorce, Father had visitation with Patrick every Wednesday and every other weekend. The parties agree that approximately two years after the divorce, Father’s visitation with Patrick began to lessen. The amount of time Father was spending with Patrick continued to dwindle until their last visit in April 1994. More specifically, Mother testified that Father saw Patrick only three or four times during Summer 1993, three times during Fall 1993, and twice between January and April 1994. Mother testified and Father confirmed that, at the same time that visitation between Father and Patrick was lessening, Father’s contact with Patrick was erratic, and Father would often schedule visits with Patrick and then not show up or call. Mother and Mr. D. also testified that they often had difficulty determining what to tell Patrick in those situations, as Patrick was extremely hurt and disappointed when Father failed to show up for a scheduled visit.

Mother began to notice changes in Patrick’s behavior as his time with Father lessened, and as his scheduled visits became sources of disappointment. She stated that Patrick behaved poorly when he returned from his visits with his father, and seemed very angry. In 1993, Patrick’s teacher told Mother that Patrick, who had always been a [1253]*1253well-behaved child, was being very nasty to the other children. Mother testified that when she spoke with Patrick about his visits with his father, Patrick would say that his father had not spent any time with him, and had just put him in front of the television while he went to the bar.

These erratic, infrequent, and often disappointing scheduled visits ended in May 1994. At that time, Father scheduled a weekend camping trip with Patrick. Mother and Mr. D. testified that Patrick looked forward to that weekend with his Father, and enjoyed helping Mother pack his things. Unfortunately, Father did not show up for the camping trip, and Mother and Mr. D. were again left to console a hurt and disappointed Patrick. That was the last visit Father scheduled with Patrick, and Father has not spoken with Mother to request visitation since that time. Father testified that he believes he left messages regarding visitation with Patrick on Mother’s answering machine three times since that May 1994 weekend, but he could not say when he had made the calls, or what messages he had left. Mother and Mr. D. deny receiving any such messages, and testified that they would not have tried to keep Father away from Patrick. The only contact which Father and Patrick have had since that May 1994 weekend was around Christmas 1994, when Father stopped by his parents’ house after finding out that Patrick was visiting with them. This was not a scheduled visit, and Patrick was not expecting Father.

Mother and Mr. D. testified that, since the May 1994 incident, Patrick has not asked to call or see his father. Mother believes that Patrick decided he was tired of having his “heart hurt,” which is how he told her he felt about his father’s actions. Mother says she did not ask Patrick if he wanted to contact his father, because she was not sure how much more Patrick could take. Patrick has been doing better since that May 1994 incident, despite the fact that he has not seen or heard from Father. He is doing well in school, and has adjusted to his life with Mother and Mr. D. Patrick now calls Mr. D. “Dad,” and they enjoy many activities together.

Father has not provided any form of child support since April 1994, when he lost his employment with United Manufacturers. Although Father has apparently had some form of employment since then, he claims he has only made enough money to provide for his needs.

Father agrees with virtually all of the facts described above. The only factual dispute is whether he left messages regarding visitation with Patrick on Mother’s machine. The primary disagreement between the parties is over the application of the law to this case. Father argues that the requirements for a termination of his parental rights have not been met. He asserts that the problems he had with Patrick in the past were due to his alcoholism, which he claims he now has under control. Father testified that he has not had any alcohol since June 25, 1995, and that he has been attending AA meetings twice per week. Father says that he now sees things clearer, and that he does not want to lose his son. Therefore, while Father admits that he met the guidelines for a termination of his parental rights (“TPR”) in the past, he claims that Mother has not proven that he meets them now.

Father requests that the Court deny Mother’s petition, and give him the opportunity to be reintroduced into Patrick’s life through joint counseling sessions. Father claims that he is willing to do whatever the Court finds necessary in order for him to retain his parental rights, and further testified that, if the counseling results in a finding that it is harmful to Patrick to continue his relationship with Father, he will agree to the termination of his rights.

Suzanne Schunk was called as an expert witness by Mother. Ms. Schunk has a Master’s degree specializing in Family Mental Health, and has several licenses and certifications, including a Maryland Certified Clinical License and a Maryland Certified Social Work License. She is the CEO for Family Services of Cecil County, which is a private non-profit company that provides counseling and assessments on an affordable basis. Ms. Schunk interviewed Patrick twice, Mother and Mr. D. twice, and Father once, in order to perform a psychosocial assessment of the [1254]*1254parties. It was Ms. Schunk’s opinion that Father’s parental rights should be terminated, and that Patrick should be adopted by Mr. D.

Ms. Schunk reiterated what Mother and Mr. D. had testified to regarding Patrick’s feelings for his father. She stated that Patrick told her that he was angry with his Father, that his Father ignored him and lied to him, and that he could not remember the last time he saw his Father, but what he did remember of it was his father drinking. Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
684 A.2d 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cathy-ds-v-patrick-as-delfamct-1995.