Teachem v. Terry
Teachem v. Terry
Opinion of the Court
A father appeals a Family Court judge’s termination of his parental rights. We reaffirm that intentional abandonment requires a finding that the parent had a settled purpose to forego all parental duties and relinquish all parental claims. We hold that the record supports the judge’s holding that the father abandoned his son and that termination is in the child’s best interests. Therefore we AFFIRM in part, REVERSE in part, and AFFIRM the trial court’s judgment.
I. FACTUAL AND PROCEDURAL BACKGROUND
Respondent-Appellant William Tea-chem
Father had no contact with Son until August 2003, when he began visiting Son at Father’s sister’s home. He never brought anything for Son during these visits. Father lost contact with Son by early 2004, and Mother obtained an order on January 22, 2004 granting her sole custody and allowing Father to visit Son at her discretion. On January 28, the Family Court entered a default support order against Father. Father never paid child support and claimed that he was unaware of the support order until the termination of parental rights hearing. He claimed he did not remember his appearance at a child support bail hearing in 2004.
Father sought work in Alabama and Tennessee during 2004, but never contacted Son. Although he returned to Delaware in 2005, he still made no effort to see or contact Son. Throughout this period, Father remained in contact with his children from an earlier marriage.
While in California, Father successfully completed a drug treatment program as well as classes on parenting and job skills. After completing the drug treatment program, he accepted a position managing a drug rehabilitation center. Since the program, Father has passed several drug tests and testified that he is currently drug-free. Because of Father’s California probation, he was unable to leave the state until June 2010, when California granted him an early release. Father returned to
Between the January 22, 2004 custody order and Father’s return to Delaware in 2010, the record shows Father rarely attempted to contact Son. Father testified he wrote Mother (not Son) in 2007 to inform her of his arrest.
In contrast to his lack of contact with Son, Father remained in frequent contact with his other children and provided financial support. Father also received settlement proceeds stemming from an altercation with two deputy sheriffs during his California incarceration. Although he distributed money to his other children and purchased a car, he gave Son nothing. Father alleges Mother told him that she did not want support, a claim Mother disputes.
Father filed a petition to modify visitation on November 5, 2010. Five days later, Mother married Stepfather. On November 29, 2010, Mother filed a petition to terminate Father’s parental rights and Stepfather filed a petition to adopt Son. In December, Mother discovered that Father had filed a petition to modify visitation.
Both parents testified and presented witnesses at the termination of parental rights hearing. Mother testified that Son does not know Father and fears meeting him. A social worker who interviewed Mother, Son, Stepfather, and Father testified in support of the termination of parental rights. She testified Son and Stepfather have a close relationship and that Son wanted Stepfather to be his father. Although Stepfather has a criminal record, it does not prevent him from being a suitable adoptive parent. The social worker testified that she interviewed Father, but that Father did not explain his lack of contact or failure to pay child support.
Father denied any intent to abandon Son and testified that he wanted to establish contact with Son and pay child support. He disputed the social worker’s testimony that she spoke with him for forty-five minutes, claiming that the interview only lasted five minutes. After the hearing, the Family Court judge granted the petition, holding that Father had intentionally abandoned, abandoned without specific intent, and failed to plan for Son. Father filed a timely appeal.
II. STANDARD OF REVIEW
When considering an appeal from a Family Court judge’s decision to terminate parental rights, we review the facts and the law, as well as the judge’s inferences and deductions.
III. DISCUSSION
Parental rights arise from natural relationships and are fundamental liberties traditionally recognized by our law.
A. Did Father intentionally abandon Son?
The trial judge first held that Father intentionally abandoned Son. To terminate parental rights over a child older than six months,
Father’s counsel conceded at oral argument that the record reflected that he did not regularly communicate or visit with Son for at least six months in the year preceding Mother’s filing of the petition.
Our inquiry does not end merely because Mother established the statutory requirements for intentional abandonment, however. In Cline v. Hartzler, we held that, in addition to the statutory requirements for intentional abandonment, a judge must find that the respondent had a “settled purpose” to abandon a child.
We next address whether the settled purpose must continue until the petition’s filing. In Black v. Gray, we held that there was no statutory indication that “legal abandonment operates in perpetuity despite later efforts ... to establish a familial relationship.”
We presume that the General Assembly knows how we have interpreted existing statutory language when it amends a statute.
Therefore, Family Court judges still must examine whether a respondent evidenced a “settled purpose to forego all parental duties and relinquish all parental claims to the child.”
Our decision in Barr v. Division of Family Services does not compel a contrary conclusion.
The trial judge found that Father intended to abandon Son. Although she did not use the words “settled purpose,” her analysis clearly reflects that she considered it. She based her holding on Father leaving Delaware despite knowing about Son’s existence and his failure to contact Son from January 2004 until 2008.
A review of the record supplies ample support for the trial judge’s conclusion. Father never paid child support for Son, despite distributing proceeds from his lawsuit settlement to each of his other children — and purchasing a car. Father testified that he was unaware of his legal obligations and therefore they cannot be used to support a finding of abandonment. The trial judge was well within her discretion to discount this testimony, however, because she recalled Father had appeared before her in a child support bail hearing.
Father also argues Mother prevented him from contacting Son. While unfortunately one parent often plays a role in preventing contact by the other, Mother testified that during Father’s absence, she only told him not to contact Son while he was on drugs. Although Mother’s hostility may have played a role in Father’s absence, we cannot ignore the absence of any attempt to contact Son for many years, including after he conquered his drug addiction.
Father’s testimony that he never intended to abandon Son does not outweigh his conduct evidencing otherwise. We have recognized that parents frequently testify that they did not intend to abandon their children, but this testimony is not disposi-tive.
Finally, although Father recently returned to Delaware and contacted Mother regarding a relationship with Son, we cannot ignore the statute’s proviso that abandonment cannot be cured by later conduct.
Viewing the record as a whole, Father’s conduct evidenced his settled purpose to forego his parental duties and relinquish his parental claims to Son. Although it appears Father has recently acquired an interest in Son, clear and convincing evidence indicates that Father held a settled purpose to abandon Son for many years. Therefore, we affirm the trial judge’s finding of intentional abandonment.
B. Did Father abandon Son with no specific intent?
Another basis for terminating parental rights is abandonment without intent. The trial judge also held that Father abandoned Son without intent.
If a child is in the other parent’s and a stepparent’s custody, and the stepparent is a prospective adoptive parent, the judge must find that the respondent is not able or willing to promptly establish and maintain contact with the child and to pay for the child’s support.
C. Did Father fail to plan for Son?
Similarly, we address the trial judge’s holding that Father’s parental rights should be terminated based on his failure to plan for Son, another enumerated basis under the statute.
The record adequately supports the trial judge’s holding that Father failed to plan adequately for Son’s needs, health, and development. She erred, however, in her analysis of the other element. She held that Father had shown no capability of discharging his parental responsibilities because of his actions during the first eight years of Son’s life.
D. Was the termination of parental rights in Son’s best interests?
If the trial judge determines that the petitioner has established a statutory basis to terminate parental rights, she must analyze whether the termination is in the child’s best interests.
The first factor is the parents’ wishes regarding the child’s arrangements.
Next, the judge must examine the child’s wishes.
Factor three requires the judge to evaluate the child’s interaction and interrelationships with his parents, siblings, and other persons who might affect his best interests.
Father does not dispute factors four, five, or six, which trial judge found were either neutral or favored Mother.
Although the trial judge might have elaborated more on her conclusions, her determination that terminating Father’s parental rights is in Son’s best interests is supported by the record. We discern no abuse of discretion in the trial judge’s factual findings and no error in her application of the bests interests of the child test. Therefore, the trial judge’s decision to terminate Father’s parental rights was not an abuse of discretion.
IV. CONCLUSION
For the foregoing reasons, we AFFIRM in part, REVERSE in part, and AFFIRM the judgment of the Family Court.
. We sua sponte assigned pseudonyms to the parties in this matter. See Supr. Ct. R. 7(d).
. Father’s ex-wife is married to Mother's uncle. Son frequently interacts with his stepsi-blings through Mother's family, although Mother asked them not to explain that they were related to him. Son also visited Father’s sister for a period after Father’s absence began, but the visits ceased because Mother was unwilling to explain the relationship to Son.
. Although Father claimed he kept copies of every letter he wrote, he did not produce them at the hearing.
. Brown v. Div. of Family Servs., 14 A.3d 507, 509 (Del. 2011).
. id.
. Id.
. Powell v. Dep’t of Servs. for Children, Youth & their Families, 963 A.2d 724, 731 (Del. 2008).
. In re Stevens, 652 A.2d 18, 24 (Del. 1995); In re Burns, 519 A.2d 638, 645 (Del. 1986).
. Stevens, 652 A.2d at 24.
. Powell, 963 A.2d at 731.
. Id.; Shepherd v. Clemens, 752 A.2d 533, 537 (Del. 2000). The relevant bases in this opinion are intentional abandonment, abandonment without intent, and failure to plan. 13 Del. C. § 1103(a)(2), (5).
. 13 Del. C. § 1103(a); Shepherd, 752 A.2d at 537.
. Barr v. Div. of Family Servs., 91A A.2d 88, 94 (Del. 2009).
. The parties do not dispute that Son was eight years old when the petition was filed.
. 13 Del. C. § 1103(a)(2)(a)(2). The statute also requires the petitioner to establish that the respondent failed to “[mjanifest an ability and willingness to assume legal and physical custody of the minor, if, during this time, the minor was not in the physical custody of the other parent.” Id. This requirement is inapplicable here, however, because Son has always been in Mother's physical custody.
. Id.
. Transcript of Oral Argument at 11:15, Teachem v. Terry, 56 A.3d 1041, 2012 WL 5986631 (Del. 2012).
. Cline v. Hartzler, 227 A.2d 210, 212 (Del. 1967).
. Id.
. 540 A.2d 431, 434 (Del. 1988).
. Id. at 433.
. 71 Del. Laws ch. 317, § 1 (1998).
. 72 Del. Laws ch. 431, § 2 (2000).
. See State v. Cooper, 575 A.2d 1074, 1077 (Del. 1990) (holding that the General Assembly is presumed to be aware of prior judicial decisions); Scribner v. Chonofsky, 310 A.2d 924, 926 (Del.Ch. 1973).
. 13 Del. C. § 1103(a)(2)(c).
. Cline v. Hartzler, 227 A.2d 210, 212 (Del. 1967).
. In re Stevens, 652 A.2d 18, 27 (Del. 1995).
. R. v. T. (In re J.), 799 A.2d 349, 360 (Del.Fam. 2002).
. See 974 A.2d 88, 94 (Del. 2009) (holding that "the court must find a ‘settled purpose' by the parent to abandon the child”).
. 36 A.3d 350, 2012 WL 218954, at *2 (Del. Jan. 24, 2012) (TABLE).
. Teachem v. Terry, No. 10-39354, at 9 (Del. Fam. Oct. 28, 2011).
. Id.
. Id.
. Id. at 5.
. In re Stevens, 652 A.2d 18, 29 n. 8 (Del. 1995).
. Mother's request that Son's stepsiblings and other family members not explain their relationship to Son similarly does not affect Father's failure to contact or attempt to contact Son and cannot be construed as an attempt to prevent Father from contacting Son.
. Stevens, 652 A.2d at 27.
. 13 Del. C. § 1103(a)(2)(c).
. See R. v. T. (In re J.), 799 A.2d 349, 362 (Del.Fam. 2002) (noting that the mere filing of a petition did not eliminate years of neglect). Even before the amendments to the intentional abandonment statute, filing a petition to modify custody did not immunize a parent. See Stevens, 652 A.2d at 27 n. 7. We held that a parent's initiation of legal proceedings was prima facie evidence of substantial contact, but this presumption could be rebutted if the proceedings were not initiated or pursued in ■ good faith. Id.
. Teachem v. Terry, No. 10-39354, at 10 (Del.Fam. Oct. 28, 2011).
. See Gotham Partners, L.P. v. Hallwood Realty Partners, L.P., 817 A.2d 160, 167 (Del. 2002) (addressing dictum to ensure it was not misinterpreted as a correct rule of law).
. 13 Del. C. § 1103(a)(2)(b).
. Id.
. Id.
. Teachem, No. 10-39354, at 11.
. Id. (emphasis added).
. Id. (emphasis added).
. 13 Del. C. § 1103(a)(2)(b).
. Teachem, No. 10-39354, at 11.
. 13 Del. C. § 1103(a)(5).
. Id.
. Div. of Family Servs. v. Hutton, 765 A.2d 1267, 1271 (Del. 2001).
. Teachem, No. 10-39354, at 12.
. Id.
. See id. (holding that the court could only conclude that there was little likelihood Father could meet his responsibilities in the future).
. Father also contended that the judge needed to consider the settled purpose test as part of her analysis of these statutory grounds. Unlike intentional abandonment, the other statutory provisions for terminating parental rights do not require a "settled purpose.” See 13 Del. C. § 1103(a)(2)(b) (establishing requirements for termination where "no finding of intent to abandon has been made").
. 13 Del. C. § 1103(a); Harper v. Div. of Family Servs., 953 A.2d 719, 725 (Del. 2008).
. See Harper, 953 A.2d at 725.
. Barr v. Div. of Family Servs., 974 A.2d 88, 98 (Del. 2009).
. Shepherd v. Clemens, 752 A.2d 533, 538 (Del. 2000).
. 13 Del. C. § 722(a)(1).
. See 13 Del. C. § 728 (mandating that the Family Court establish a visitation schedule designed to encourage “frequent and meaningful contact with both parents”).
. Teachem v. Terry, No. 10-39354, at 13 (Del.Fam. Oct. 28, 2011).
. See Jarmon v. Dep’t of Servs. for Children, Youth & Their Families, 911 A.2d 803, 2006 WL 3113122, at *3 (Del. Nov. 2, 2006) (TABLE) (upholding a termination of parental rights where the judge determined a four-year-old child was too young to express an opinion).
. Father contended that the social worker failed to ask sufficiently probing questions of Son, Mother, and Stepfather and that she was unaware that Mother had initially told Son’s stepsiblings not to explain that they and Son were related. Although any investigation could be more thorough, we are not persuaded that the social worker’s report was so deficient that the trial judge could not rely upon it.
.13 Del. C. § 722(a)(2).
. 13 Del. C. § 722(a)(3).
. Teachem, No. 10-39354, at 13-14.
. Factors four, five, and six are: “(4) [t]he child's adjustment to his ... home, school and community; (5) [t]he mental and physical health of all individuals involved; [and] (6) [p]ast and present compliance by both parents with their rights and responsibilities to their child under [13 Del. C. § 701].” 13 Del. C. § 722.
. 13 Del. C. § 722(a)(7).
. Father contends that the trial judge placed too much weight on Father's 2007 text message, which Mother believed was threatening. The Family Court judge did not rely on the text message when evaluating this factor. Teachem, No. 10-39354, at 14.
. 13 Del. C. § 722(a)(8).
. Teachem, No. 10-39354, at 14.
Reference
- Full Case Name
- William D. TEACHEM, Below v. Nancy M. TERRY, Below
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- 6 cases
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- Published