In re Adoption of G.K.T.

75 A.3d 521
CourtSuperior Court of Pennsylvania
DecidedSeptember 6, 2013
StatusPublished
Cited by26 cases

This text of 75 A.3d 521 (In re Adoption of G.K.T.) 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 G.K.T., 75 A.3d 521 (Pa. Ct. App. 2013).

Opinion

OPINION BY

MUNDY, J.:

Appellant, G.T. (Father) appeals from the December 21, 2012 decree, granting the petition of K.L.W. and L.M.W. (Adoptive Couple) to involuntarily terminate Father’s parental rights to his son, G.K.T. (Child), born in August 2011.1 Father also appeals from the trial court’s decree of adoption entered December 21, 2012.2 After careful review, we are constrained to vacate both decrees and remand for further proceedings.

The orphans’ court summarized the relevant factual background of this case as follows.

[Mother] testified that [Father] lived with her, the Child, and the Child’s biological sister, [N., born in April of 2009] at the time of the Child’s birth. [Mother] had moved in with [Father] when she was only sixteen years old. [Mother] and [Father] were engaged at times, but never married. Throughout their relationship [Father] was physically and emotionally abusive. They lived in a small apartment that was infested with cockroaches and had a number of other health and safety concerns. Though [Father] was physically present in the apartment, it was [Mother] who cared for the children. [Father] isolated himself, showed limited interest in the children, and focused primarily on his online relationships which he cultivated through Xbox Live, a multiplayer gaming system that allows users to engage in dialog and exchange pictures and video. He made no effort to better their living environment and was frequently angry and violent, causing [Mother] to live in constant fear. On one occasion, he threw a cup of water on [Mother] while she was holding the Child.
When the Child was less than a month old, Children and Youth Services (“CYS”) of Berks County became involved with this case. The Child had missed a medical appointment and CYS workers were sent to [Father’s] residence to investigate. [Father] was uncooperative, and as the encounter progressed, CYS workers thought it was necessary to remove the children from [Father] and [Mother]. [Father] put the children in the car, demanded [Mother] join him, and drove off without closing the doors. After this incident, the children were removed from the custody of both [Mother] and [Father] and put under the care of [Mother’s] father. In late September 2011, [Mother] left [Father] and went to live with her father and the children. During the following months, [Father] visited the home of [Mother’s] father on a somewhat regular basis. He provided formula and diapers on a couple of occasions and spent some time with his daughter. He still did not show an interest in the Child and did not attempt to establish a bond with him.
[523]*523Financially, [Father] provided limited if any support for the children even though it appeared he had the ability to do so. Prior to the Child’s birth, [Mother] received a payout of unemployment benefits which was used to sustain the Child in his first weeks of life. After [Mother] moved in with her father, she continued to cover the children’s expenses, sometimes by borrowing money from her father. At one point, [Father] asked [Mother] for $500.00, which she gave him. [Mother] testified that any money [Father] may have provided for the children did not come close to that amount.
Sometime during the fall months of 2011, [Mother] and [Father] began talking about placing the Child for adoption. [Mother] expressed concern that the Child might grow up to be like [Father], and wanted him to have a secure and loving family that could provide him with a better life. [Father] flipped back and forth between supporting the adoption outright and using [Mother’s] desire to give the Child a better life as leverage to get out of paying child support for their daughter. He would try to strike deals whereby he would consent to the adoption if [Mother] would agree not to attempt to get child support from him for [N.] He also tried to convince [Mother] that he would consent to the Child’s adoption if she would agree to resume them romantic relationship.
In November of 2011, [Mother] mentioned to [Father] that he might not be the Child’s father. Samples were swabbed from [Father] and the Child in order to conduct a paternity test in early-to-mid December. When the test results came back proving that [Father] was indeed the Child’s biological father, [Father] did not appear to care and showed no more interest in the Child than he had previously. He moved to Michigan to start a new life with a woman he had met on Xbox, leaving no indication that he had any intention to return.
The Child was scheduled to be placed with his adoptive family on December 26, 2011. [Father] was supposed to return from Michigan that day to provide written consent to the adoption but did not. [Mother] called [Father] and he told her he would not be coming but made it clear that the adoption should go forward. Based on that conversation, the adoptive parents, who had not wished to take the Child if [Father] did not consent to the adoption, proceeded to accept the Child into their custody and care. The Child was nearly five months old at the time.
Consistent with [Father’s] support of the adoption and his ambivalence about the children he left behind when he moved to Michigan to start a new life, [Father] made no attempt to learn the whereabouts of the Child or to have contact with him until April 2012 even though the Petition to Terminate his Parental Rights was filed in early February, 2012. April 2012 was also when [Mother] filed for support for the parties’ daughter, [N.]. By that time, [Father] had failed to perform parental duties on behalf of the Child for a period of at least 8 months.

Orphans’ Court Opinion, 2/6/13, at 5-7.

Adoptive Couple filed their petitions to involuntarily terminate Father’s parental rights and to adopt Child on February 3, 2012. On August 17, 2012, Father filed preliminary objections based on improper venue.3 After hearing argument, [524]*524the orphans’ court overruled Father’s preliminary objections the same day. The orphans’ court conducted hearings on August 17, and December 18, 2012. The orphans’ court entered its decree terminating Father’s parental rights and the decree of Child’s adoption on December 21, 2012. On January 15, 2013, Father filed two timely notices of appeal as well as two concise statements of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(a)(2)(i).

On appeal, Father raises five issues for our review.4

1. [Whether] the [orphans’] court’s failure to appoint counsel or a guardian ad litem to represent the Child in an involuntary termination of parental rights proceeding contested by the Child’s natural Father, as mandated by 23 Pa.C.S. § 2313(a) constitute^] an error of law requiring that the decree terminating Father’s parental rights be vacated!?]
2. [Whether] the [orphans’] court erred when it entered a decree of adoption because its decree involuntarily terminating Father’s parental rights to the Child is fatally defective and Father did not consent to the termination of such rights!?]
3.

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Bluebook (online)
75 A.3d 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-gkt-pasuperct-2013.