Reed v. Dillard

652 A.2d 18, 1995 Del. LEXIS 21
CourtSupreme Court of Delaware
DecidedJanuary 13, 1995
DocketNos. 262, 276, 1993
StatusPublished
Cited by2 cases

This text of 652 A.2d 18 (Reed v. Dillard) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. Dillard, 652 A.2d 18, 1995 Del. LEXIS 21 (Del. 1995).

Opinion

WALSH, Justice.

The opinion in this case dated October 27, 1994, which was released after argument before a panel of three justices and which affirmed the decision of the Family Court, is withdrawn. The following opinion of the Court en Banc is substituted.

In this appeal from the Family Court, we confront the vexing question of whether the best interest of a child who has been in the custody of putative adoptive parents since [21]*21birth should prevail over the claim of her biological father to assert his parental rights. The Family Court concluded that the statutory threshold for terminating the father’s parental rights had not been established and despite the delay resulting from the protracted litigation between the parties, here and in Pennsylvania, the father’s parental rights cannot be severed. We essentially affirm the Family Court’s interpretation of the legal test for the termination of parental rights under Delaware law. We conclude, however, that the record before the Family Court is not complete on the question of (i) the biological father’s good faith efforts to establish substantial contacts with the child and (ii) whether there was a “settled purpose to abandon.” That record, as presently constituted, does not support the Family Court’s determination concerning the father’s subjective intent to establish a genuine parental relationship. Events which occurred after the Family Court’s decision, among other things, require full consideration if a just result is to be achieved in this unusual case. Accordingly, we remand for further proceedings.

I

The chronology which underlies this dispute is complex but a full recounting is necessary to appreciate the background of this appeal. In November, 1985, Thomas Dillard (“Dillard”)1 and Robin Reed (“Reed”) met and began dating while working in Wilmington. When Reed became pregnant the following February, the two discussed various options but came to no conclusion. Reed, claiming to be affronted by Dillard’s indecision, decided to carry the child to term and immediately place the baby for adoption. Although the record is not clear concerning why an out-of-state adoption agency was selected, Reed made arrangements to place the child for adoption through Golden Cradle, a licensed, non-profit adoption agency in Pennsylvania.

Kelly Stevens (“Kelly”) was born on November 15, 1986, at a Pennsylvania hospital, under arrangements apparently made by Golden Cradle. Dillard was advised of the birth by Robin’s family and, together with his parents, he visited the child briefly at the hospital two days later. At that time, Reed advised Dillard that she planned to place the child with Golden Cradle for transfer to the prospective adoptive parents the following day unless he made other arrangements. Dillard did nothing. On November 18, 1986, Kelly was delivered to Golden Cradle and immediately placed with the couple who had contracted with Golden Cradle for the adoption, Charles and Mary Conner (“the Con-ners”). Kelly has lived with, and become a part of, the Conner family since she was three days old and continues to reside there. Although the record is not clear on the timing, the Conners were approved as prospective adopting parents by the Delaware Division of Child Protective Services (“DDCPS”).2

Shortly after Kelly’s birth, Golden Cradle attempted, unsuccessfully, to secure Dillard’s voluntary relinquishment of his parental rights in favor of the adoption by the Con-ners. According to Reed, Dillard stated that he would not cooperate with Golden Cradle, but that he would not oppose the adoption, either. Reed voluntarily relinquished her rights to Kelly on January 8, 1987. On March 3, 1987, after consulting with a Pennsylvania lawyer, Dillard apparently changed his mind. He filed a petition for custody and/or visitation in the Court of Common Pleas Orphans’ Court Division (the “Orphans’ Court”) in Montgomery County, Pennsylvania. On April 15,1987, Golden Cradle filed a petition in the same court to terminate Dillard’s parental rights, pursuant to 23 Pa. C.S.A. §§ 2511(a)(1) and (a)(2), alleging that Dillard had shown a settled purpose of relinquishing his parental claim and/or had refused to perform his parental duties for a period in excess of six months. When Reed [22]*22learned of Dillard’s effort to secure custody, she petitioned to vacate the decree terminating her parental rights, claiming that her relinquishment was conditioned upon Kelly’s adoption by the Conners.

The Orphans’ Court stayed the adoption proceedings as well as Dillard’s custody petition but did restore Reed’s parental rights. After an evidentiary hearing, the Orphans’ Court denied Golden Cradle’s petition to terminate Dillard’s parental rights. The court ruled that since Dillard initiated a custody petition within three months of Kelly’s birth, there was not sufficient evidence to demonstrate his relinquishment of a parental claim. Moreover, the court ruled that Dillard was never given a fair opportunity to demonstrate his parenting ability because Kelly had resided exclusively with the Conners throughout the litigation. That ruling, issued on March 1, 1988, was affirmed by the Pennsylvania Superior Court on December 5, 1988. See In Re Adoption of Stunkard, 380 Pa.Super. 107, 551 A.2d 253 (1988). Golden Cradle sought review by the Pennsylvania Supreme Court but that court denied alloca-tur on June 12, 1989.

Following affirmance of the denial of Golden Cradle’s petition to terminate Dillard’s parental rights, the parties returned to the Montgomery County Orphans’ Court which then transferred Dillard’s custody petition, which had been held in abeyance pending the termination appeal, to the Family Court Division of the Court of Common Pleas. In November, 1989, the Conners, joined by Reed and Golden Cradle, filed a motion to transfer jurisdiction of the custody proceeding to Delaware pursuant to the Uniform Child Custody Jurisdiction Act (UCCJA), 42 Pa.C.S.A. § 5341 et seq. After briefing and argument on that motion, the Family Court Division agreed that Delaware was the most appropriate forum for disposition of the custody dispute since all parties, including the child, were Delaware residents. The court’s order declining jurisdiction, however, spawned a new series of appeals at Dillard’s initiative. In October, 1990, the Pennsylvania Superior Court affirmed the lower court’s decision and on July 31,1991, the Pennsylvania Supreme Court denied review, although its order of remand to the Family Court Division was not issued until September 25, 1991. By that time, Kelly, still residing with the Conners, was approaching five years of age and the parties had been engaged in almost continuous litigation over her adoption and/or custody.

Upon the conclusion of the Pennsylvania litigation, Dillard was contacted by a representative of DDCPS to discuss further proceedings in the Family Court. On October 24,1991, Dillard met with an attorney for DDCPS who advised him to secure Delaware counsel and that, under Delaware law, he had to initiate some contact with Kelly within six months to avoid termination of his parental rights. There was no discussion at that time of when the six months began to run. Dillard advised the DDCPS representative of the Pennsylvania litigation but they were unable to locate the records which were to be transferred to the Delaware Family Court.3

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Related

In Interest of Kelly Stevens
652 A.2d 18 (Supreme Court of Delaware, 1995)

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Bluebook (online)
652 A.2d 18, 1995 Del. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-dillard-del-1995.