In Re: Adoption of R.M.M., Appeal of: J.D.M.

CourtSuperior Court of Pennsylvania
DecidedJanuary 30, 2026
Docket2310 EDA 2025
StatusUnpublished
AuthorOlson

This text of In Re: Adoption of R.M.M., Appeal of: J.D.M. (In Re: Adoption of R.M.M., Appeal of: J.D.M.) 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 R.M.M., Appeal of: J.D.M., (Pa. Ct. App. 2026).

Opinion

J-S47028-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: R.M.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.D.M., FATHER : : : : : No. 2310 EDA 2025

Appeal from the Decree Entered May 30, 2025 In the Court of Common Pleas of Montgomery County Orphans’ Court at No(s): 2025-A0010

BEFORE: PANELLA, P.J.E., OLSON, J., and BECK, J.

MEMORANDUM BY OLSON, J.: FILED JANUARY 30, 2026

Appellant, J.D.M., (“Father”) appeals from the May 30, 2025 final decree

entered in the Court of Common Pleas of Montgomery County that terminated

Father’s parental rights to his biological child, R.M.M., a female born July

2013.1 After careful review, we affirm.

____________________________________________

1 We acknowledge that, in a separate action (trial court docket number 2021-003166), the trial court, in an order dated May 16, 2022, granted a petition to change the name of the child from R.M.M. to R.M.M.-M. that was filed by the child’s biological mother, A.M., (“Mother”). On May 30, 2025, Mother filed a praecipe to modify the caption of the trial court record in the case sub judice to reflect the child’s name change. There is no indication in the certified record that the trial court granted Mother’s request or that the trial court modified the record in the case sub judice. Moreover, no request to modify the record caption has been filed with this Court. As such, the child’s name remains as it appeared on the record of the trial court at the time the appeal was taken. Pa.R.A.P. 904(b)(1). J-S47028-25

The record demonstrates that, on January 29, 2025, Mother filed a

petition for involuntary termination of Father’s parental rights to the child

pursuant to Section 2511(a)(1) and (b) of the Adoption Act, 23 Pa.C.S.A.

§§ 2101-2938, as discussed more fully infra. Mother sought involuntary

termination of Father’s parental rights to the child so Mother could proceed

with a petition for adoption of the child by Mother’s husband and the child’s

stepfather.2 On February 12, 2025, the trial court appointed Sharon Hofer,

Esquire (“Attorney Hofer”) to represent the independent interests of the child. 3

That same day, February 12, 2025, the trial court scheduled a termination

hearing, to be held virtually via an internet-based video conference platform,

on March 25, 2025.

On March 25, 2025, the trial court, upon Father’s request, appointed

Benjamin B. Cooper, Esquire (“Attorney Cooper”) to represent Father. The

trial court rescheduled the termination hearing for April 30, 2025, to allow

time for Attorney Cooper to confer with Father. On April 30, 2025, the trial

2 Mother filed a petition for adoption in conjunction with the petition seeking

involuntary termination of Father’s parental rights.

3 The trial court found that the child’s legal interests did not conflict with Attorney Hofer’s view of the child’s best interests. N.T., 5/28/25, at 6. As such, the trial court held that Attorney Hofer could represent both the child’s legal interests and best interests without the appointment of a separate guardian ad litem to represent the child’s best interests. Id.; see also In re Adoption of K.M.G., 240 A.3d 1218, 1224 (Pa. 2020). Moreover, when asked by the trial court, neither Mother nor Father objected to Attorney Hofer representing both the legal interests and the best interests of the child. N.T., 5/28/25, at 6.

-2- J-S47028-25

court, at the request of Father and over the objection of Mother, continued

the termination hearing until May 28, 2025, to allow Attorney Cooper

additional time to confer with Father. On May 28, 2025, the trial court

conducted a termination hearing in which Mother, Mother’s counsel, Father,

Attorney Cooper, and Attorney Hofer participated. On May 30, 2025, the trial

court involuntarily terminated Father’s parental rights to the child pursuant to

23 Pa.C.S.A. § 2511(a)(1) and (b). This appeal followed. 4

Father raises the following issues for our review:

1. Whether the trial court abused its discretion and failed to consider the full history of the case when making its decision to terminate [Father’s] parental rights[?]

2. Whether the trial court abused its discretion in denying [] the full ninety-day continuance for the [termination] hearing requested by [Attorney Cooper on April 30, 2025, thereby] prejudicing [Father?]

Father’s Brief at 5.5

4 Both Father and the trial court complied with Pennsylvania Rule of Appellate

Procedure 1925.

5 In his appellate brief, Father raises a third issue for our review, namely, “Whether the trial court abused its discretion in disregarding [Mother’s] refusal to give [Father] time to see the minor child[?]” Father’s Brief at 5. A review of Father’s Rule 1925(b) concise statement, however, reveals that Father failed to raise this issue before the trial court. Therefore, we find this issue waived on appeal. In re C.P., 901 A.2d 516, 522 (Pa. Super. 2006) (finding that, in an appeal of an order granting termination of parental rights, mother waived her issue on appeal for, inter alia, failing to include the issue in her Rule 1925(b) concise statement); see also Pa.R.A.P. 302(a) (stating, “[i]ssues not raised in the trial court are waived and cannot be raised for the first time on appeal”).

-3- J-S47028-25

Father’s first issue challenges the trial court’s order that involuntarily

terminated his parental rights to the child. In matters involving termination

of parental rights, our standard of review is well-settled.

In cases concerning the involuntary termination of parental rights, appellate review is limited to a determination of whether the decree of the termination court is supported by competent evidence. This standard of review corresponds to the standard employed in dependency cases, and requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record, but it does not require the appellate court to accept the [trial] court’s inferences or conclusions of law. That is, if the factual findings are supported, we must determine whether the trial court made an error of law or abused its discretion. An abuse of discretion does not result merely because the reviewing court might have reached a different conclusion[. W]e reverse for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill[-]will. Thus, absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decision, the decree must stand. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings. However, we must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence.

In re Adoption of C.M., 255 A.3d 343, 358-359 (Pa. 2021) (citations, original

brackets, and quotation marks omitted). “[T]he trial court is free to believe

all, part, or none of the evidence presented, and is likewise free to make all

credibility determinations and resolve conflicts in the evidence.” In re Q.R.D.,

214 A.3d 233, 239 (Pa. Super. 2019) (citation omitted). “If competent

evidence supports the trial court’s findings, we will affirm even if the record

-4- J-S47028-25

could also support the opposite result.” In re B.J.Z., 207 A.3d 914, 921

(Pa. Super.

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Bluebook (online)
In Re: Adoption of R.M.M., Appeal of: J.D.M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-rmm-appeal-of-jdm-pasuperct-2026.