In the Int. of: A.J.M., Appeal of: W.L.M.

CourtSuperior Court of Pennsylvania
DecidedJanuary 16, 2026
Docket1077 WDA 2025
StatusUnpublished
AuthorMurray

This text of In the Int. of: A.J.M., Appeal of: W.L.M. (In the Int. of: A.J.M., Appeal of: W.L.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 the Int. of: A.J.M., Appeal of: W.L.M., (Pa. Ct. App. 2026).

Opinion

J-A02022-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: A.J.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.L.M., FATHER : : : : : No. 1077 WDA 2025

Appeal from the Decree Entered August 19, 2025 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): 2025 AD-5

BEFORE: STABILE, J., MURRAY, J., and BECK, J.

MEMORANDUM BY MURRAY, J.: FILED: January 16, 2026

W.L.M. (Father) appeals from the decree granting the petition to

involuntarily terminate his parental rights (TPR petition) to his biological son,

A.J.M. (Child), born in August 2021, which was filed by Child’s biological

mother, M.J.W. (Mother), and her husband, J.R.W.M. (Stepfather)

(collectively, Petitioners), and terminating Father’s parental rights pursuant to

23 Pa.C.S.A. § 2511(a)(1) and (b). After careful review, we affirm.

Mother and Father were romantically involved from March to November

2020. N.T., 8/15/25, at 15. In November 2020, prior to Child’s birth, Mother

and Father separated; however, Father acknowledged paternity by signing

Child’s birth certificate in August 2021. Id. at 14, 16. After Child’s birth,

Mother and Father maintained minimal contact, and Mother, exclusively,

provided and cared for Child. Id. at 19-21. In June 2022, Mother filed a J-A02022-26

custody petition in Huntingdon County, Pennsylvania. Id. at 22. On June 27,

2022, a Huntingdon County court awarded Mother sole legal and physical

custody of Child. Id. at 22-23; TPR Petition, 6/18/25, ¶ 14.1

Petitioners became romantically involved in December 2021, and

married in March 2025. Petitioners filed the instant, counseled TPR petition

on June 18, 2025. Therein, Petitioners averred that Father “has evidenced a

settled purpose of relinquishing any parental claim to [C]hild; [Father] has

failed to perform any parental duties on behalf of [C]hild; [and] Petitioners

are the only parents that [C]hild has ever known[.]” TPR Petition, 6/18/25, ¶

17; see also 23 Pa.C.S.A. § 2511(a)(1).2 Petitioners further averred that

Father “has not had, or attempted to have, any contact with [C]hild since

October 20, 2021[,]” and “there is absolutely no bond in existence between

[Father] and [Child].” Id. ¶¶ 18, 19.

The orphans’ court scheduled a hearing on the TPR petition for August

15, 2025. On June 27, 2025, the orphans’ court issued an order directing the

Bedford County Sherrif’s Department to transport Father, who was then

incarcerated at the state correctional institution (SCI) in Houtzdale,

____________________________________________

1 At the TPR hearing, Father testified that he posted bail on the date of the

custody hearing, but was unable to attend because he “ended up not getting out of jail until 4:30 [p.m.] that day.” N.T., 8/15/25, at 80.

2 Although not explicitly pled in their TPR petition, at the TPR hearing, Petitioners argued that Father’s parental rights to Child should be terminated pursuant to 23 Pa.C.S.A. § 2511(a)(1) and (b). N.T., 8/15/25, at 88-89.

-2- J-A02022-26

Pennsylvania, to the Bedford County Courthouse for the TPR hearing. The

same day, the orphans’ court appointed separate counsel to represent Father

and Child.3

Father appeared at the TPR hearing, in person, represented by counsel.

Petitioners appeared, both represented by their counsel. Child, approximately

four years old at the time, did not appear, but was represented by counsel,

who indicated no conflict existed between Child’s best and legal interests. See

N.T., 8/15/25, at 4-5; see also id. at 4 (Child’s counsel indicating that she

was unable to ascertain Child’s preferred outcome due to Child’s age); In re

T.S., 192 A.3d 1080, 1092 (Pa. 2018) (“[I]f the preferred outcome of a child

is incapable of ascertainment because the child is very young and pre-verbal,

there can be no conflict between the child’s legal interests and his or her best

interests[.]”). Based upon Child’s counsel’s representations, the orphans’

court found that Child’s counsel could represent Child’s best and legal interests

3 Child’s counsel served as both legal counsel and guardian ad litem (GAL).

See In re Adoption of K.M.G., 240 A.3d 1218, 1235 (Pa. 2020) (“[W]here an orphans’ court has appointed a GAL/Counsel to represent both the child’s best interests and legal interests, appellate courts should review sua sponte whether the orphans’ court made a determination that those interests did not conflict.”). As noted below, the orphans’ court found that no conflict existed between Child’s best and legal interests. See id. at 1235-36 (“We emphasize that appellate review of this question does not involve second-guessing whether GAL/Counsel in fact had a conflict, … but solely whether the orphans’ court made the determination in the first instance.”).

-3- J-A02022-26

without conflict. Id. at 6. The evidentiary presentation consisted of testimony

from Petitioners and Father.

Concerning the dissolution of their relationship, Mother testified that,

leading up to November or December 2020, Father subjected Mother to

mental and physical abuse. N.T., 8/15/25, at 15-16; see also id. at 16

(Mother testifying that, in November 2020, Father broke her mobile phone

and slashed the tires of her car, “so I could not leave or call anybody to come

get me.”); id. at 78 (Father admitting to slashing Mother’s tires). Mother

testified that Father continued to threaten her after their relationship ended,

causing Mother to file a protection from abuse (PFA)4 petition in June 2021.

N.T., 8/15/25, at 11-12, 16. According to Mother, Father failed to appear at

the scheduled PFA hearing and, based upon her testimony, the court entered

a three-year PFA order (the PFA order) prohibiting Father from communicating

with Mother. Id. at 12; see also id. (Mother confirming that Child was not a

protected party under the PFA, and that communication between Father and

Child was permissible).

Mother explained that since Child’s birth, Mother has been Child’s sole

caretaker. Id. at 13. Although Father was present for Child’s birth, Mother

testified that Father had “[v]ery little” involvement with Child thereafter. Id.

at 17. Mother stated that Father’s last contact with Mother regarding Child

4 23 Pa.C.S.A. §§ 6101-6122.

-4- J-A02022-26

was in October 2021. Id. at 17, 25; see also id. at 18 (Mother testifying that

she had maintained the same mobile phone number, which Father used to

communicate with Mother prior to their relationship ending). Mother testified

that, in the two months following Child’s birth, Father “saw [Child] a couple

times[,] and [Father] would come to where I was living [with Child] for a little

bit[.]” Id. at 17-18. According to Mother, in October 2021, Father’s contact

with Child ceased due to Father’s illegal drug use. Id. at 19; see also id.

(Mother testifying that she witnessed Father using heroin); id. (Mother

testifying that Father stopped attempting to contact Child, and that Mother

was unwilling to permit Father around Child while Father was abusing illegal

drugs).

Mother continued that, since October 20, 2021, Father had not

attempted to speak with Child on the phone or through the FaceTime

application, and had not sent Child any letters until approximately two weeks

prior to the TPR hearing. Id. at 26-27.

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