In the Int. of: B.R.B., a Minor

CourtSuperior Court of Pennsylvania
DecidedFebruary 5, 2025
Docket1240 MDA 2024
StatusUnpublished

This text of In the Int. of: B.R.B., a Minor (In the Int. of: B.R.B., a Minor) 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: B.R.B., a Minor, (Pa. Ct. App. 2025).

Opinion

J-S45016-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: B.R.B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.B., FATHER : : : : : No. 1240 MDA 2024

Appeal from the Decree Entered July 29, 2024 In the Court of Common Pleas of Luzerne County Orphans' Court at No(s): A-9550

IN THE INTEREST OF: M.B.B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.B., FATHER : : : : : No. 1241 MDA 2024

Appeal from the Decree Entered July 29, 2024 In the Court of Common Pleas of Luzerne County Orphans' Court at No(s): A-9551

BEFORE: OLSON, J., DUBOW, J., and McLAUGHLIN, J.

MEMORANDUM BY DUBOW, J.: FILED: FEBRUARY 5, 2025

M.B. (“Father”) appeals from the July 29, 2024 decree entered in the

Luzerne County Court of Common Pleas that granted the petition to terminate

his parental rights to twelve-year-old M.B.B. and eleven-year-old B.R.B.

(collectively, “Children”) that was filed by Children’s mother, A.L. (“Mother”),

and her husband, N.L. (“Stepfather”). Upon careful review, we affirm. J-S45016-24

In its October 7, 2024 opinion, the trial court set forth a thorough and

accurate procedural and factual history, as well as findings of fact and a

summary of testimony, which we adopt for purposes of this appeal. See Trial

Ct. Op., filed 10/7/24, at 1-5, 8-26, 29-31. In sum, Father has a history of

alcohol and drug abuse. Mother and Father lived together and were in a

romantic relationship until March of 2014, when M.B.B. was two years old and

B.R.B. was two months old. Neither party filed for custody. For the remainder

of 2014, Children lived with Mother. Father visited Children at their paternal

grandmother’s (“Paternal Grandmother”) home and visits ranged from fifteen

minutes to one hour long. From 2015 until 2018, by agreement of the parties,

Children visited Father overnight on two to four weekends per month. Mother

would often provide the Children’s essentials for these visits, including food,

diapers, wipes, clothes, and blankets.

In 2018, an incident occurred which changed Mother’s willingness to

agree to overnight visitation. Mother went to pick up Children at Father’s

home and found Father and his then-paramour unconscious and unable to

care for Children due to suspected drug use. Children were five and three

years old at the time. Mother removed Children from Father’s home, and it

was not until three hours later that Father called Mother to ensure that she

had the Children. As a result of this incident, Mother no longer permitted

Father to have unsupervised visitation but continued to initiate contact with

Father and allowed Father to have supervised visits at her home.

-2- J-S45016-24

Father subsequently moved from Plains, Pennsylvania, to Delaware.

From 2018 to May 1, 2021, Father visited Children once or twice per month,

as well as holidays, supervised at Mother’s home. According to Mother, Father

was always initially excited to see Children but would often fall asleep on the

couch within a half hour of arriving. Father consistently denied drug use when

confronted by Mother.

On Christmas of 2020, Father was visiting Children at Mother’s house

when M.B.B. pulled a bag of white powder and a spoon from Father’s

backpack. When Mother confronted him about drug use, Father claimed that

the white powder was sugar. Despite her concerns, Mother continued to

initiate contact between Children and Father, and supported visitation

between Children and Father’s extended family.

The last contact that Father had with Children was in May of 2021 at

M.B.B.’s little league baseball game. Father and his paramour arrived at the

game highly intoxicated, were loud and belligerent, and made a scene that

caused other parents to remove their children from Father’s vicinity. As a

result of Father’s behavior, M.B.B. was embarrassed and sobbing. After that

incident, Mother stopped initiating contact between Children and Father and

left it up to Father to initiate contact on his own. Father has not seen Children

since that day.

Father was arrested for driving under the influence and, six months

later, Father underwent treatment for alcohol addiction at an inpatient

rehabilitation center for one month. Father called Mother in November 2021

-3- J-S45016-24

to tell her that he completed the program and was “going to kick [her] door

in” and take Children. N.T. Hr’g 4/15/24, at 27. Mother told Father that he

could see Children whenever he wanted in a supervised public setting. Father

subsequently relapsed and did not contact Mother for approximately two

years. Father called Mother in July and October of 2023, both times to

complain about his child support obligation to her. On July 3, 2023, Father

moved from Delaware to New York to live with his mother.

Mother and Stepfather began dating in 2015 and have been married

since 2019. Mother and Stepfather live in a home with Children, their two

younger siblings that Mother and Stepfather had together, and a niece that

the couple is caring for. Mother works during the day and Stepfather is a

disabled veteran. Mother and Stepfather share duties such as getting Children

ready in the morning, making meals for Children, and putting Children to bed.

Stepfather drives Children to and from school every day. Mother and

Stepfather share duties taking Children to medical and dental appointments

and both attend school conferences for Children. Stepfather helps Children

with their homework after school, takes them to sports practices, and coaches

football and baseball for Children. Stepfather also helps with Children’s

wrestling team. Children call Stepfather “Dad” and call Father “Big Mike.”

On October 4, 2023, Mother and Stepfather filed a petition to terminate

Father’s parental rights. The trial court appointed Marsha Basco, Esq., to

serve as Children’s legal counsel and guardian ad litem after finding that the

dual role did not pose a conflict. The trial court held hearings on April 15,

-4- J-S45016-24

2024, and May 10, 2024. Mother and Stepfather testified on their own behalf.

Father testified on his own behalf and presented testimony from Paternal

Grandmother as well as Children’s paternal grandfather (“Paternal

Grandfather”), and Children’s paternal aunt (“Paternal Aunt”).

In sum, Mother and Stepfather testified in accordance with the above-

stated facts. Addititionally, Mother testified that M.B.B., who is twelve years

old, has expressed consent to be adopted by Stepfather. Mother testified that

Stepfather has a strong bond with Children and that “[h]e’s there every day

for them. Not only for the sports, the homework, the doctor appointments,

but he’s also there as someone they can confide in and talk to and trust and

someone they enjoy spending time with.” N.T. Hr’g 5/10/24 at 54. Mother

testified that Stepfather thinks of Children as his sons and introduces them

that way. Mother explained that Children view Stepfather as “the father in

their life.” Id. at 44-45. Finally, Mother testified that right after the incident

in May of 2021, Children asked why Father acted that way. However, Mother

explained, since 2022 and 2023, Children have not asked about Father and

have not asked to see Father.

Paternal Grandmother, Paternal Grandfather, and Paternal Aunt

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