Shepherd v. Clemens

752 A.2d 533, 2000 Del. LEXIS 189, 2000 WL 634632
CourtSupreme Court of Delaware
DecidedMay 11, 2000
Docket67, 1999
StatusPublished
Cited by95 cases

This text of 752 A.2d 533 (Shepherd v. Clemens) 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
Shepherd v. Clemens, 752 A.2d 533, 2000 Del. LEXIS 189, 2000 WL 634632 (Del. 2000).

Opinions

HOLLAND, Justice, for the majority:

This is an appeal from a final judgment of the Family Court. The petitioners-appellants are Glenn and Bonita Shepherd (the “Shepherds”). The Family Court denied the Shepherds’ petition to terminate [535]*535the parental rights of Rita Clemens1 (the “Mother”) and Greg Howe (the “Father”) with respect to their infant son, Christopher Shepherd. If the petition is granted, the Shepherds plan to adopt Christopher.

This appeal presents an issue of first impression in Delaware with regard to the Father. The Shepherds’ petition seeks to terminate the parental rights of an unwed biological father to a child who was conceived during an act that constituted statutory rape. The petition to terminate the Mother’s parental rights was uncontested.

The Shepherds have raised two basic arguments in this appeal. First, they contend the Family Court erroneously concluded that the Father had not abandoned Christopher. Second, the Shepherds argue that the Family Court committed legal error when it analyzed Christopher’s best interests.

We have concluded that the Shepherds presented clear and convincing evidence to establish that Christopher was abandoned by his biological Father and that it is in Christopher’s best interest to grant the Shepherds’ petition to terminate the rights of both biological parents. Therefore, the judgment of the Family Court must be reversed. This matter is remanded for the entry of an order terminating the parental rights of Christopher’s biological parents.

Facts

Christopher Shepherd was born on December 22, 1995. At the túne of Christopher’s birth, the Mother was 16 years old and the Father was 21 years old. The Mother was 15 years old at the time of conception. Prior to Christopher’s birth, the Father, the Mother, and the Shepherds had separate discussions about possible courses of action. They all agreed that the unborn child would be placed for adoption. The Mother and the Shepherds contacted a Pennsylvania adoption agency. A couple from Pennsylvania was selected to be Christopher’s adoptive parents.

Although the Mother and the Father had agreed to place the unborn child for adoption, neither signed the requisite voluntary consent forms prior to Christopher’s birth. The record does not reflect why the Father did not sign a consent form prior to Christopher’s birth. The Mother testified she began to have misgivings about placing Christopher for adoption, in part, because the Father had not signed his consent form.

Christopher left the hospital to live at the Shepherds’ home. The plan to have Christopher adopted by the Pennsylvania couple was never pursued after Christopher’s birth. Christopher has lived, since birth, with the Shepherds, who are his maternal grandparents.

Due to the Mother’s minority at the time of her sexual relationship with Father, criminal charges were brought against the Father for Unlawful Sexual Intercourse in the Third Degree, a category of statutory rape. He pled guilty on January 10, 1996 in Superior Court to a reduced charge of Unlawful Sexual Contact Third Degree. On the same day, the Father signed a consent form voluntarily relinquishing his parental rights to Christopher.

The Father was sentenced on April 26, 1996. The Father’s attorney made the following statement at that time to the Superior Court:

This was sex between an underage young lady and my client. There is a child that has been born as a result of this, and basically the disability was the young lady’s age, Your Honor.
Mr. Howe has entered a plea of guilty to unlawful sexual contact. There is an agreement that he would be placed on probation. This is his very first criminal conviction of any kind. He is employed at Penn Terminal.
And I cannot at this time say that he has made any contact with the child’s [536]*536mother, because there was a no-contact order, but we understood the child was to be placed for adoption, and that has not been done, and Mr. Howe and his family intend on making contact and supporting the child. Your Honor, I believe I also sent you some letters in that regard that I thought kind of laid out how this was — it was not a predator situation, except for the difference in the ages.
Your Honor, in light of his record, and in light of his accepting responsibility, I would hope that you would stay within the guidelines, as indicated.

The Superior Court sentenced the Father to one year of probation and 100 hours of community service. He was ordered to have no contact with the Mother.

By the time of his sentencing on April 26, 1996, the Father was aware that the Mother had not placed Christopher for adoption as agreed. On April 30,1996, the Father’s attorney sent a letter to the Shepherds’ attorney stating that the Father had revoked his voluntary relinquishment of his parental rights because the Mother had not placed the child for adoption. The letter further stated that the Father wished to establish visitation privileges and provide child support without violating the no-contact order issued by the Superior Court. The Father apparently received no response.

On August 23, 1996, the Father’s attorney sent a letter directly to the Shepherds asking them to contact him in order to establish visitation. The letter was incorrectly addressed. A copy was forwarded to the Shepherds at their correct address on September 13, 1996. The Shepherds acknowledge that they received the correctly addressed letter and did not respond.

During the summer of 1996, the Mother began having difficulties with the Shepherds, in particular, her own mother. The Mother moved out of the Shepherds’ home at their request. Christopher continued to reside with the Shepherds.

The Shepherds decided to adopt Christopher. On September 3, 1996, the Mother signed a form to voluntarily terminate her parental rights. In February 1997, the Shepherds filed the Termination of Parental Rights (TPR) petition, which is the subject of this appeal.

One month later, the Shepherds’ filed a Petition for Order of Protection from Abuse (PFA) against the Mother after an incident at their home. On April 4,1997, a PFA order was entered prohibiting the Mother from having contact with her mother. The Mother’s stepfather arranged for the Mother to visit Christopher away from the Shepherds’ home.

The Father filed an answer to the TPR petition. In April 1997, the Father and the Mother filed separate petitions for custody of Christopher. The Mother also filed a separate petition for visitation. The Father was subjected to paternity testing. On October 9, 1997, the paternity testing demonstrated that the Father had a 99.94% probability of being Christopher’s biological father.

After several interim hearings, the Family Court awarded custody of Christopher to the Shepherds with the concurrence of both the Father and the Mother. The Mother was granted visitation privileges. Visitation was denied to the Father. The Family Court determined that Christopher could suffer psychological harm if he were to begin visitation with the Father, and the Father’s parental rights were subsequently terminated.

In December 1998, the Family Court conducted a two-day trial on the Shepherds’ TPR petition.

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Cite This Page — Counsel Stack

Bluebook (online)
752 A.2d 533, 2000 Del. LEXIS 189, 2000 WL 634632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-clemens-del-2000.