In Re Adoption of C.M.W.

603 A.2d 622, 412 Pa. Super. 360, 1992 Pa. Super. LEXIS 422
CourtSuperior Court of Pennsylvania
DecidedFebruary 24, 1992
Docket239 and 392
StatusPublished
Cited by13 cases

This text of 603 A.2d 622 (In Re Adoption of C.M.W.) 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.M.W., 603 A.2d 622, 412 Pa. Super. 360, 1992 Pa. Super. LEXIS 422 (Pa. Ct. App. 1992).

Opinion

ROWLEY, President Judge:

B.L.K. appeals from the Final Decree terminating his parental rights and terminating his visitation rights with respect to his minor child, C.M.W. After reviewing the record, we vacate the Final Decree.

On November 7, 1988, V.W., C.M.W.’s natural mother, filed a petition for adoption of C.M.W. by V.W.’s husband and for involuntary termination of appellant’s parental rights. On October 31, 1989, the Orphans’ Court entered a Decree 1 terminating appellant’s parental rights. Appellant filed a petition for reconsideration of the Decree and a stay of the proceedings, which was denied by the Orphans’ Court.

Appellant filed an appeal from the Decree of October 31, 1989. However, that appeal was discontinued so that the Orphans’ Court could consider appellant’s exceptions to the Decree. On December 24, 1990, after considering appellant’s exceptions, the Orphans’ Court entered an order denying the exceptions. On January 14, 1991, appellant filed an appeal from this order at No. 239 Philadelphia 1991. On January 23,1991, the Orphans’ Court entered an amended order denying appellant’s exceptions and additionally terminating visitation rights which had previously been granted to appellant. Appellant filed a timely appeal from this order at No. 392 Philadelphia 1991.

This Court initially quashed the appeals because final decrees had not been entered. However, on December 16, *362 1991, we granted appellant’s petition for reconsideration and vacated the judgment quashing the appeals. We now reach the merits of appellant’s arguments.

The record and the parties’ briefs reveal the following set of occurrences: C.M.W. was born on March 4, 1986. Although appellant and V.W. were not married, they had lived together for approximately a year before their daughter's birth. Appellant’s daughter from his previous marriage also lived with them. Appellant has total custody of this daughter.

In June, 1986, V.W. moved from the apartment she had shared with appellant to her cousin’s home. After this separation, appellant regularly visited C.M.W.

In November, 1986, V.W. obtained a support order which required appellant to pay $25 a week in child support. In 1987, V.W. became disturbed by appellant’s requests to spend more time with his daughter. In an attempt to control his visitation, she filed a complaint to confirm custody. On March 5, 1987, a hearing on this complaint was held. The hearing officer recommended that the parties undergo counseling. Both parties began attending counseling sessions. However, in May, 1987, V.W. walked out of a session and refused to return because she felt that the counselor was trying to coerce her into agreeing to overnight visitation, to which she was opposed.

On June 14,1987, appellant was to visit with his daughter at his apartment, but this visitation did not occur. V.W. contends that she brought her daughter to appellant’s apartment and knocked continuously for five minutes, but that appellant did not answer the door. Appellant, on the other hand, asserts that he was home all day and that V.W. did not come.

In September, 1987, V.W. married her present husband and moved to Delaware County. Although she notified the domestic relations office through which she received child support of her change in address, she did not notify the post office. Moreover, she did not tell appellant that she was *363 moving to another address, under a different name, and taking their daughter with her.

In November, 1987, appellant called the home of V.W.’s cousin and learned that V.W. had married and moved. Appellant first spoke with V.W.’s cousin’s son who told him that V.W. had moved to the West Chester area, but that he did not know the specific address or phone number. Appellant later spoke with V.W.’s cousin who refused to provide him with V.W.’s new name or address.

Appellant testified that he attempted to locate V.W.’s new name or address through various sources. He stated that he went to the domestic relations office, but that they would not provide him with the information he sought. He also stated that he drove past V.W.’s cousin’s home a few times to see if V.W.’s car was there. Appellant’s father, a constable, also attempted to trace V.W.’s address through license plates. Appellant also testified that he contacted mutual friends in an attempt to locate V.W. Finally, on advice of counsel, appellant stopped paying child support so that V.W. would file a contempt petition pursuant to which he would discover her address. However, appellant’s tax refund check was intercepted, and V.W. had no need to file a contempt petition. Appellant then contacted the IRS in an attempt to locate V.W., but the IRS would not provide him with the information.

In February, 1988, V.W. and her husband filed a petition for adoption in the Buck’s County Orphans’ Court seeking to terminate appellant’s parental rights. A hearing was scheduled for July 5, 1988. However, V.W. withdrew the petition before the hearing.

On July 27,1988, appellant filed a petition for visitation in Delaware County. A hearing on the petition was scheduled for November 9, 1988. On November 7, 1988, V.W. filed the present petition for adoption and involuntary termination of parental rights in Delaware County. At the hearing on the visitation petition, the trial court granted appellant weekly visitation.

*364 From November, 1988 through January, 1989, appellant visited with his daughter one day a week. Because appellant lived an hour’s drive from his daughter, he would travel two hours in the morning to pick her up and take her back to his home, and another two hours in the evening to take his daughter to her home and return to his home.

In January, 1989, appellant was involved in two accidents. In one, he fell off a curb and tore ligaments in his leg. Then, he was involved in an automobile accident while driving to visit his daughter. His foot was placed in a cast and he was given codeine for the pain. While he was taking the medication, he was not allowed to drive.

According to the log which V.W. began keeping after the court granted visitation rights to appellant, appellant did not visit his daughter again until February 11,1989. Appellant visited with his daughter weekly until April 1, 1989. He missed his April 1 and April 8 visits, but did visit on April 15.

In June, 1989, appellant filed a contempt petition against V.W. alleging that he was not able to see his daughter in accordance with the visitation schedule. He also filed a petition for modification of the visitation order, requesting expanded visitation. He testified that he filed this petition after his father drove him to his daughter’s home for his visit because he was on medication due to a problem he had with his arm, and no one answered the door. V.W., on the other hand, testified and noted in her log that she was home all day and appellant did not show up. Appellant did not see his daughter again until September 23, 1989, but he did send her a gift in August. He also testified that he called repeatedly between May and September, but that V.W. would not allow him to speak to his daughter. V.W. testified that he did not call during this time period.

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Bluebook (online)
603 A.2d 622, 412 Pa. Super. 360, 1992 Pa. Super. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-cmw-pasuperct-1992.