Lookabill v. Moreland
Lookabill v. Moreland
Opinion of the Court
This is an appeal from an Order of the Court of Common Pleas of Lebanon County terminating appellant’s parental rights. Appellant alleges that the trial court abused its discretion by severing his right to his three children. For the following reasons, we affirm the Order of the court below.
Appellant and his former wife, appellee herein, were married on April 6, 1974, and thereafter resided in West
The appropriate standard of review in cases involving the termination of parental rights has been recently delineated by this Court in In re Adoption of James J., 332 Pa.Super. 486, 481 A.2d 892 (1984). Our appellate function is limited to a determination of whether the decision to terminate parental rights is supported by competent evidence. If our comprehensive review of the record does not reveal an abuse of discretion, an error of law, or insufficient evidentiary support for the lower court’s findings, the order must stand.
The burden of proving that parental rights should be terminated rests upon the party seeking to terminate another’s parental rights. To prevail, the petitioner must produce clear and convincing evidence which instills in the mind of the court a firm conviction or belief. Id., 332 Pa.Superior Ct. at 492, 481 A.2d at 896; Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982).
Through a showing of clear and convincing evidence, the petitioner may establish the following ground which warrants the termination of parental rights:
The parent by conduct continuing for a period of at least six months either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.
The Pennsylvania Supreme Court has often observed that parental obligations require a continuing interest in the child and rest affirmatively on the parents. Matter of Adoption of David C., 479 Pa. 1, 387 A.2d 804 (1978); In re W.M. III, 482 Pa. 123, 393 A.2d 410 (1978). The parent must exert a genuine, sincere effort to establish and maintain communication, association, and a place of importance in his or her child’s life. Matter of Adoption of David C., supra. Althoujgh favorable circumstances may enable some parents to achieve this goal with little effort, the pertinent inquiry is not the degree of success a parent may have had in reaching his or her child, but whether he or she has utilized all available resources to preserve the parental relationship. In re Adoption of B.D.S., 494 Pa. 171, 431 A.2d 203 (1981).
At the hearing on December 5, 1983, testimony revealed that appellant only saw his children once in 1981 following the parties’ separation, and four times in 1982.
Appellant did not see his children from November, 1982, until November, 1983, when the first hearing was scheduled in this case. When questioned about why he failed to visit his children, appellant responded:
The reason was I didn’t know exactly where they were, and if I ever could get a hold of them, there was always— it was always a bad taste then. It was always we want to do this, or we want to do that, and lately since their marriage, its been we want to change their names. If you let us change their names, what we do is; we’ll make sure you get to see them.
Testimony regarding financial support revealed that appellant paid $1,100 from September, 1981, to June, 1982, which included a portion of the parties’ income tax refund. Apparently, from June, 1982, until November, 1983, appellant made no support payments to appellee.
Herein, appellant admittedly did not see his children for almost a year, nor did he provide support for them during that time. Concededly, failure to provide support in and of itself is not grounds for terminating parental rights. In re Adoption of Faith M., 329 Pa.Super. 304, 478 A.2d 480 (1984). However, appellant’s failure to visit, write, or establish significant contact with his children during that time cannot be dismissed. His reason that “there was always a bad taste there” does not excuse his failure to visit his children. Parents must exercise a reasonable firmness in declining to yield to obstacles, In re Baby Boy P., 333 Pa.Super. 462, 470, 482 A.2d 660, 664 (1984) quoting Adoption of McCray, 460 Pa. 210, 216, 331 A.2d 652, 655 (1975), and “must act affirmatively, with good faith intent and effort, to maintain the parent-child relationship to the best of his or her ability.” In re Burns, 474 Pa. 615, 626, 379 A.2d 535, 541 (1977).
An uncomfortable environment often exists between two parties who are subsequently divorced. We are not convinced appellant could not overcome this obstacle for the vitally important purpose of maintaining relationships with his three children. Consequently, we concur with the lower
Order affirmed.
. Appellant testified that he only recalled three visits with his children in 1982.
. As a result of appellant’s abusive calls, in August, 1983, appellee and her husband acquired an unlisted telephone number. However, appellant has always had his former mother-in-law’s telephone number, and appellee has promptly returned his calls upon receipt of his messages.
. Appellee subsequently filed a complaint for support in West Virginia in July, 1983. An Order was entered in September of 1983, requiring appellant to pay $25 each month toward the support of his children.
Dissenting Opinion
dissenting:
I respectfully dissent. The evidence in this case reveals the unhappy aftermath of a marital breakup, but it does not establish clearly and convincingly that the appellant-father intended to relinquish parental claim to his children or that he refused to perform his parental duties. See: In re Adoption of James P., 332 Pa.Super. 486, 492, 481 A.2d 892, 895 (1984); In re Adoption of Faith M., 329 Pa.Super. 304, 309, 478 A.2d 480, 482 (1984). If, at times, he failed to perform fully his parental duties, his failure must be examined in light of his financial circumstances and the roadblocks put in his way by appellee. The totality of these circumstances, in my judgment, does not support an order terminating appellant’s parental rights. Therefore, I would reverse.
Reference
- Full Case Name
- Vickie LOOKABILL v. Glenn Eugene MORELAND, Appellant
- Cited By
- 23 cases
- Status
- Published