In the Int. of: L.T.R., a Minor

CourtSuperior Court of Pennsylvania
DecidedApril 21, 2025
Docket1680 MDA 2024
StatusUnpublished

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

Opinion

J-A11011-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: L.T.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.T.W.B., FATHER : : : : : No. 1680 MDA 2024

Appeal from the Decree Entered October 10, 2024 In the Court of Common Pleas of Luzerne County Orphans' Court at No(s): A-9489

BEFORE: MURRAY, J., KING, J., and STEVENS, P.J.E.*

MEMORANDUM BY MURRAY, J.: FILED: APRIL 21, 2025

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

involuntarily terminate his parental rights (TPR petition) to L.T.R. (a son born

in November 2015) (Child), which was filed by L.R. (Mother) and her husband,

D.R. (Stepfather) (collectively, Petitioners), and terminating Father’s parental

rights pursuant to 23 Pa.C.S.A. § 2511(a)(2) and (b). After careful review,

we affirm the decree.

This case returns to us following our remand for Petitioners to effectuate

adequate notice to Father of Petitioners’ TPR petition and any subsequent TPR

proceedings. See Interest of L.T.R., 317 A.3d 614 (Pa. Super. 2024)

____________________________________________

* Former Justice specially assigned to the Superior Court. J-A11011-25

(unpublished memorandum at 11-12). We previously summarized the

underlying procedural history:

On March 30, 2023, Petitioners filed a petition to involuntarily terminate Father’s parental rights to Child, as well as a petition for Stepfather’s adoption of Child. Petitioners also filed notice of a termination hearing for July 26, 2023. The petition and notice included no certificates of service. Father filed no response, and no attorney entered an appearance on Father’s behalf.

On November 15, 2023, the trial court conducted a hearing on the [TPR] petition. … Father did not participate in the hearing. At the hearing, Mother and Stepfather testified. Additionally, Marsha Ann Basco, Esquire, appeared as guardian ad litem [(GAL)] and legal counsel for Child, but offered no testimony. At the conclusion of the hearing, the trial court granted the petition and involuntarily terminated Father’s parental rights to Child. The court entered its termination decree on November 16, 2023.

Id. (unpublished memorandum at 1-2) (footnote and record citation

omitted).

Father filed a timely appeal, arguing, inter alia, that the trial court

“committed an error of law in permitting the [TPR hearing] to proceed where

Petitioners failed to demonstrate appropriate and/or actual service of [n]otice

of said [h]earing upon [Father.]” Id. (unpublished memorandum at 3). We

agreed, vacated the decree, and remanded “for further proceedings, following

appropriate notice to Father.” Id. (unpublished memorandum at 12).

Upon remand, the trial court scheduled a new TPR hearing, which, after

several continuances, proceeded to a contested hearing on August 1, 2024.

-2- J-A11011-25

Father appeared, represented by counsel.1 Child did not appear, but was

represented by the GAL, who indicated no conflict existed between Child’s

legal interests and best interests. N.T., 8/1/24, at 4-5. The trial court heard

testimony from Petitioners and Father; the parties called no additional

witnesses.

Mother testified that she and Father were in a romantic relationship for

eight years, during which time Father subjected Mother to emotional and

physical abuse. Id. at 13. Mother explained that she and Father separated

shortly after Child’s birth, and Mother filed for divorce when Child was

approximately one year old, in 2016. Id. at 13-14. According to Mother, in

2018, a custody order (the custody order) was filed2 granting Mother primary

physical custody, and Father partial physical custody of Child. Id. at 15

(Mother testifying that Father had custody of Child “one day during the week

overnight[,] and then on the weekends.”).

1 Father has been incarcerated since 2019. The trial court’s July 17, 2024, order directed that Father be transported from the State Correctional Institution at Phoenix to the Luzerne County Courthouse. Order, 7/17/24. Father was physically present at the TPR hearing.

2 No witness at the TPR hearing described the proceedings resulting in entry

of the custody order, and, despite the trial court admitting the custody order into evidence, it is not included in the certified record.

-3- J-A11011-25

According to Mother, in April 2018, she sought, and was granted, a

protection from abuse (PFA)3 order against Father. Id. at 15-16. Mother

testified that the PFA order initially precluded Father from contacting Mother

or Child, but was modified to permit Father supervised visitation with Child.

Id. at 17. Mother claimed that after one month, Father violated the PFA order.

Id.; see id. (Mother testifying that, as a sanction, Father “ended up on

probation, and my PFA [order] got extended to a year.”). Mother testified

that, on an unspecified date, Father moved away from the area, and the

custody arrangement changed to permit Father custody of Child “every other

weekend from Friday afternoon to … Monday.” Id. at 18-19.

Mother testified that in 2019, just after Child had turned four years old,

Father was arrested. Id. at 19, 26.4 Mother testified that in December 2019,

she sought, and was granted, emergency relief giving Mother sole legal and

physical custody of Child. Id. at 36-37. According to Mother, Father had no

contact with Child since 2019. Id. at 29-30. Mother testified that in 2021,

3 See 23 Pa.C.S.A. §§ 6101-6122.

4 The trial court sustained Father’s hearsay objections to Mother’s attempts to

testify to the criminal offenses with which Father was charged, and Mother did not produce a docket sheet for Father’s criminal case. See N.T., 8/1/24, at 21, 22, 24. On cross-examination, however, Mother testified, without objection, that Father “tried killing people.” Id. at 39. Further, as outlined below, Father confirmed that he is incarcerated pursuant to a sentence of 20 to 40 years in prison. Id. at 98.

-4- J-A11011-25

she filed a petition to change Child’s surname from Father’s to Stepfather’s,5

which was granted. Id. at 12.

Mother explained that she and Stepfather have been in a romantic

relationship since 2017, and they were married in 2020. Id. at 110. Mother

and Stepfather have two biological daughters (a three-year-old and a one-

year-old) with whom Child has “a great relationship.” Id. at 108; see also

id. at 108-09 (Mother testifying that “in the past month our youngest now

cannot go to bed without l[]ying next to [Child] to go to sleep.”).

Regarding Stepfather’s relationship with Child, Mother testified as

follows:

[Stepfather] plays the role of dad. [Stepfather] came into [Child’s] life when [Child] was a year[-]and[-]a[-]half[ old]. [Stepfather] was a huge influence on [Child]. [Stepfather] helps put [Child] to bed. [Stepfather] would help make dinner. [Stepfather] provides for [Child]. [Stepfather] helps pay half the bills. Before we were married, we split the bills in half. [Stepfather] treated [Child] like his own.

Id. at 110; see also id. at 112, 113 (Mother testifying that Stepfather 1)

escorts Child to the school bus in the mornings; 2) helps Child with his

homework; 3) attends parent-teacher conferences; and 4) takes the family

on vacations); id. at 114 (Mother opining that Child views Stepfather as “his

dad.”).

5 Stepfather is a preadoptive resource. N.T., 8/1/24, at 131.

-5- J-A11011-25

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