In Re: Adoption of: C.J.A., Appeal of: B.A.

204 A.3d 496
CourtSuperior Court of Pennsylvania
DecidedFebruary 14, 2019
Docket1731 EDA 2018
StatusPublished
Cited by11 cases

This text of 204 A.3d 496 (In Re: Adoption of: C.J.A., Appeal of: B.A.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Adoption of: C.J.A., Appeal of: B.A., 204 A.3d 496 (Pa. Ct. App. 2019).

Opinion

OPINION BY STABILE, J.:

B.A. ("Mother") and P.F. ("Fiancé") (collectively, "Petitioners") 1 , 2 appeal from the order entered May 10, 2018, which denied their petition to terminate the parental rights of G.L.K., III ("Father"), involuntarily with respect to his son, C.J.A. ("Child"), born in March 2012. After careful review, we affirm.

The record reveals that Mother and Father dated for about three months in 2011, prior to Child's birth. N.T., 4/25/18, at 12. At the time, both Mother and Father lived in Luzerne County. Id. ; N.T., 3/1/18, at 5. After Child was born, Father questioned whether he was Child's father and sought a paternity test. N.T., 3/1/18, at 6. The test confirmed Father's paternity of Child and Mother obtained a child support order. 3 Id.

After receiving the results of the paternity test, Father began exercising partial physical custody of Child. Id. at 11. No custody order existed, but the parties reached an informal agreement providing Father with custody every other weekend. Id. at 11, 14. This began when Child was several months old and lasted about a year until Father separated from his new girlfriend. N.T., 4/25/18, at 16-17. The separation left Father homeless temporarily and his periods of custody ended because he had nowhere to go with Child. Id. About a week later, Father moved into his sister's home, which was directly across the street from Mother's home. Id. at 17. Father started visiting Child at Mother's home "[a]bout three or four times a week, ... for about two hours." Id. at 18. This continued until October 2014, when Child was two and a half years old. Id. at 20; N.T., 3/1/18, at 8. At that time, Mother left her home near Father's sister and moved with Fiancé to Monroe County. N.T., 3/1/18, at 8. Father confronted Mother as she was preparing to leave and she informed him that he "would not see [Child] anymore." N.T., 4/25/18, at 20-21.

Mother did not tell Father where she and Child would be living and he struggled to locate them after they left. Id. at 21. Father retained Mother's phone number on his prepaid cellphone but "smashed" the phone accidently and was unable to retrieve the number. Id. at 22. He further discovered that Mother blocked him on Facebook. Id. at 24. Father occasionally *499 drove by the home of Mother's parents to see if her car was there, but to no avail. Id. at 23. He also spoke to two of Mother's friends, but they informed him that they too did not know where Mother lived. Id. at 23-24.

In 2016, one of Mother's friends informed Father that Mother and Child may be residing in Monroe County. Id. at 25. Father conducted an internet search but did not learn anything new about Mother's whereabouts. Id. at 26. Later that year, in September 2016, Father's current girlfriend gave birth to his daughter. Id. at 27. This event inspired Father to renew his search for Mother and Child. Id. at 27, 45. In June 2017, Father decided to reach out to Mother's sister on Facebook. Id. at 27. He requested that Mother's sister pass along a message asking Mother to contact him so that he could spend time with Child without court intervention. Id. at 28. Mother initially failed to respond but relented after about a month because Father continued to send messages to her sister. Id. at 40, 58. Mother passed a message back to Father stating that she would not be contacting him. Id. at 57.

Undeterred, Father spoke to his lawyer about what he could do to locate Mother and Child. N.T., 4/25/18, at 29. Father's lawyer advised him to hire a private investigator and file a custody complaint. Id. at 30. Father utilized a private investigation website, which revealed Mother's phone number but not her new address. Id. Father also filed a complaint for custody in Luzerne County. Id. Father tried to serve Mother by mailing the relevant documents to her parents' home, but Mother's parents returned the documents to Father. Id. at 31-33.

After consulting a police officer, Father also began searching publically available criminal docket sheets. Id. at 29, 34. Father's search revealed that Mother had an active criminal case. 4 Id. at 35. In approximately September 2017, Father and his lawyer contacted the office of the magistrate handling the case and obtained a copy of the criminal complaint, which contained a new address for Mother. Id. at 35-37. Later that month, Father hired Constable Charles West to serve Mother personally. Id. at 4-5. Constable West could not locate Mother at the addresses Father provided, 5 but was able to contact Fiancé by calling the phone number that Father obtained using the private investigation website. Id. at 5-6, 10, 65. According to Constable West, Fiancé "pretty much told me that they're not going to tell me where they are at because [Father] will never see his daughter or his children [ sic ] again. And told me to go F myself, and have a nice day." Id. at 6.

In November 2017, Father obtained an order permitting him to serve Mother by publication. Id. at 37-39. The Luzerne County trial court conducted a custody conciliation in January 2018, at which Mother failed to appear, and entered an interim custody order. Id. at 41; Petitioners' Exhibit 4. Shortly thereafter, Father received notice that Petitioners filed a petition to terminate his parental rights involuntary in Monroe County on December 28, 2017. 6 Id. at 41. Petitioners also filed a custody complaint in Monroe County and preliminary objections in Luzerne County challenging the proceedings based on improper *500 venue. N.T., 3/1/18, at 19-22. The Luzerne County trial court vacated its interim order and directed that all future custody proceedings occur in Monroe County. See Petitioners' Exhibit 5.

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Bluebook (online)
204 A.3d 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-cja-appeal-of-ba-pasuperct-2019.