K.R.L. v. P.A.C.

210 S.W.3d 183, 2006 Ky. App. LEXIS 349
Court of Appeals of Kentucky·Decided December 1, 2006·No. No. 2006-CA-000364-ME·Published·Cited by 17 cases

Opinion

OPINION

PAISLEY, Senior Judge.

K.R.L. appeals from an order entered by the Bell Circuit Court in which the trial court denied KR.L.’s petition for involuntary termination of parental rights. In the petition, K.R.L. sought to terminate the parental rights of P.A.C., the biological father of KR.L.’s young son. Now, on appeal, K.R.L. argues that she has standing to appeal the denial of her petition; argues that the trial court’s findings of fact from the bench were inconsistent with its written findings of fact; and argues that the trial court’s denial of her petition was clearly erroneous. Finding no error, we affirm.

K.R.L. (hereinafter referred to as “Mother”) and P.A.C. (hereinafter referred to as “Father”) dated for approximately three and a half years and lived together until September of 2004. Although the parties were never married, their relationship resulted in the birth of K.A.L. (hereinafter referred to as “Son”) on December 6, 2002.

According to the record, Mother and Father had a very tumultuous relationship, and Mother had filed several petitions for domestic violence orders in order to protect herself from Father. Despite this, the record in this case details only one incident of domestic violence between the couple, [185]*185which occurred in January of 2004. Regarding this incident, Mother claimed that Father had severely beaten her and had held her and Son hostage for three days. Father admitted that he and Mother had engaged in an altercation but denied the severity of the assault and denied holding Mother and Son hostage. However, it is clear that Father did physically assault Mother and left numerous bruises on her upper torso and arms. Father claimed that this altercation occurred while Son was asleep so he insisted that the child was not exposed to his violent behavior. On the other hand, Mother claimed that Son, who would have been approximately thirteen months old at the time, witnessed the assault, and that it harmed his emotional well-being. Mother pursued criminal charges against Father, who ultimately pled guilty to assault in the fourth degree.

On June 28, 2004, Father signed an agreed judgment of paternity acknowledging that he was Son’s biological father. The Bell District Court entered the judgment and ordered Father to begin paying child support in the amount of $160.00 per month. Father acknowledged later that he made no child support payments pursuant to the district court’s order. According to the record, one of Father’s income tax refunds had been seized and had been forwarded to Mother; however, Mother had declined to keep the money.

On October 12, 2005, Mother filed her petition for involuntary termination of parental rights with the Bell Circuit Court. In the petition, Mother alleged that Father abandoned Son for nearly two years and failed to provide essential care for Son.

On January 11, 2006, the trial court conducted a bench trial to resolve Mother’s petition. Father and Mother both testified regarding the previously mentioned facts. Father also testified regarding his scant employment history and his history of illegal drug use. He also claimed that, prior to September of 2004, he and Son had a close relationship and that Son had been integrated into Father’s family. He claimed that he had tried to maintain contact with Son but could not because, in September of 2004, Mother had obtained an emergency protective order against him which contained a no-contact provision. Father further claimed that he attempted to pay child support but was unable to do so because he had not been allowed to have contact with Mother. Despite claiming that he wished to pay child support, Father admitted that he made no attempt to pay his child support through the state.

At the hearing, Mother testified about her own recreational drug use and testified in depth regarding the previously mentioned assault. She also claimed that, while she and Father cohabited, Father provided only modest financial support for Son, and that after September of 2004, Father simply abandoned Son and made no attempt whatsoever to maintain contact.

After hearing the evidence, the trial court denied Mother’s petition. Believing that the trial court erred, Mother now appeals to this Court.

Before we can consider the merits of Mother’s appeal, we must address Kentucky Revised Statutes (KRS) 625.110, which reads in its entirety:

Any order for the involuntary termination of parental rights shall be conclusive and binding on all parties, except that an appeal may be taken from a judgment or order of the Circuit Court involuntarily terminating parental rights in accordance with the Kentucky Rules of Civil Procedure.

Under this statute, there can be an appeal in a termination of parental rights case only if the trial court grants the petition to terminate. Nevertheless, Mother claims [186]*186she has a constitutional right to appeal the ruling of the trial court denying her petition under Section 115 of the Kentucky Constitution. Although appeals from denials of petitions for termination of parental rights have previously reached the appellate courts of the Commonwealth, the issue of the statute’s constitutionality has not been decided. See Cabinet for Human Resources v. J.B.B., 772 S.W.2d 646 (Ky.App.1989); Commonwealth, Cabinet for Families and Children v. G.C.W., 139 S.W.3d 172 (Ky.App.2004) and C.M.C. v. A.L.W., 180 S.W.3d 485 (Ky.App.2005). We are now squarely confronted with the question of whether the legislature may constitutionally prohibit an appeal when the trial court denies a petition to terminate parental rights. We note that Mother has properly notified the Attorney General of her challenge to the statute as required by KRS 418.075. Mother insists that a circuit court’s decision declining to terminate parental rights involves substantial rights equal to those which are affected in a decision terminating parental rights. Even though Mother fails to identify the specific rights affected by a denial of termination, she nevertheless maintains that such a denial presents appealable issues. In addition, Mother cites the following cases: Cabinet for Human Resources v. J.B.B., supra; Commonwealth, Cabinet for Families and Children v. G.C.W., supra; C.M.C. v. A.L.W., supra and Day v. Day, 937 S.W.2d 717 (Ky.1997). Mother points out that in each of these cases, the appellate court addressed the merits of a denial to terminate parental rights. Ergo, she concludes that we should address the merits of her appeal as well.

When we consider a constitutional challenge to a statute, we must recognize that there is a strong presumption in favor of constitutionality. Fischer v. State Board of Elections, 879 S.W.2d 475 (Ky.1994). Having said that, we must also acknowledge that we must follow our constitution, which is the fundamental law of this Commonwealth. Id. If we were to shirk this duty, we would breach the social compact that binds us together and would abandon our judicial responsibility. Id.

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K.R.L. v. P.A.C., 210 S.W.3d 183, 2006 Ky. App. LEXIS 349 (Ky. Ct. App. 2006).

210 S.W.3d 183 (K.R.L. v. P.A.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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