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HomeMy WebLinkAbout2006-46 Adoption INRE: THE ADOPTION OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FELIPE ANTONIO MARTIN ORPHANS' COURT DIVISION DEL CAMPO MALDANADO, a/kla PHILIP ANTHONY MALDANADO : NO. 2006-46 ADOPTIONS IN RE: PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS BEFORE EBERT, J. FINAL DECREE AND NOW, this 10th day of August, 2006, upon consideration of the petition for involuntary termination of parental rights in the above-captioned case, following a hearing held on August 10, 2006, and for the reasons stated in the accompanying opinion, the petition is granted and the parental rights of Felipe Martin Del Campo Mora with respect to his son, Felipe Antonio Martin Del Campo Maldanado, aka Philip Anthony Maldanado, are hereby terminated forever. BY THE COURT, M.L. Ebert, Jr., 1. Diane M. Dils, Esquire Attorney for the Petitioner INRE: THE ADOPTION OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FELIPE ANTONIO MARTIN DEL CAMPO MALDANADO, a/kla PHILIP ANTHONY MALDANADO ORPHANS' COURT DIVISION NO. 2006-46 ADOPTIONS IN RE: PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS BEFORE EBERT, J. OPINION and FINAL DECREE EBERT, 1., August 10,2006. In this involuntary termination of parental rights case, the natural mother and stepfather of a sixteen-year-old child have filed a petition requesting the involuntary termination of parental rights of the child's father, with a view toward adoption of the child by the stepfather. A hearing was held on the matter on August 10, 2006, during which the Petitioner appeared with her counsel, the child was not present, and the natural father did not appear. Based upon the evidence presented at the hearing, the petition will be granted. FINDINGS OF FACT 1. Petitioner, Norma Marie Altenburg,l resides at 10 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. She is the natural mother of Felipe Antonio Martin Del Campo Maldanado, aka Philip Anthony Maldanado ("child"). 2. Respondent, Felipe Martin Del Campo Mora, has a last-known address of3a De Guayaquil49, Las Americas Naucalpan, Mexico. 3. The child, born on August 31, 1989, is a male child and is currently in the physical custody of Petitioner. 1 Since the filing of the petition, Petitioner's name has changed to Dyran Emily Altenburg, at the proceeding in which she was granted United States citizenship. 4. Petitioner and Respondent were divorced in 1996. 5. Petitioner came to the United States with the child in 1997. Respondent signed the paperwork necessary to allow for her relocation with the child. 6. Since 1997, neither Petitioner nor the child has had any contact with Respondent, even though he has known how to reach them the entire time. Petitioner has relocated once since 1997, and Respondent was made aware of their new address. 7. The child has not received any birthday or Christmas presents from his father since 1997. 8. Although a child support order was made part of the divorce decree in 1997, Petitioner has neither received any funds from Respondent nor attempted to enforce the support agreement in the United States. 9. Petitioner last attempted to make contact with Respondent in 2005, through her lawyers in Mexico, in order to obtain a passport for her son to go on a school trip. The lawyers were unable to contact Respondent. 10. The child also attempted to make contact with his father within the past year by writing him a letter. The child did not receive a response, and the letter was not returned as undeliverable. 11. Respondent was notified of the date and location of the hearing by letter, translated into Spanish and sent by both regular and certified mail, on June 27, 2006. As of the date of the hearing, neither letter had been returned as undeliverable. 2 12. Respondent was also notified by publication in a local newspaper of general circulation located in the city in which Respondent resides.3 2 Petitioner's Exhibit 1. 3 Petitioner's Exhibit 2. 13. Petitioner also retained an attorney in Mexico to locate the whereabouts of Respondent. The attorney was unable to locate Respondent, but did speak with his sister-in-law and returned an affidavit confirming Respondent's last known address. 14. Petitioner married her current husband, Robert Altenburg, in 2000. Petitioner and the child have resided with Mr. Altenburg at the 10 Scarsdale Road address since 1997. 15. Simultaneous with the filing of this petition on April 3, 2006, Petitioner and Mr. Altenburg filed a petition to allow Mr. Altenburg to adopt the child. 16. Mr. Altenburg and the child have developed an excellent family relationship, and the child wishes to be adopted by him. The child refers to Mr. Altenburg as "Dad" and wishes to take his last name following the adoption. 17. Mr. Altenburg also provides for the child financially. 18. The child has continually attended school in the West Shore School District since he and Petitioner moved in with Mr. Altenburg. DISCUSSION In a proceeding to terminate involuntarily the parental rights of one or both parents, the burden is on the moving party to show, by clear and convincing evidence, the substantive elements for the termination of parental rights. In re In the Interest of B.L.L., 787 A.2d 1007 (Pa. Super. 2001), In re Adoption of Atencio, 650 A.2d 1064 (Pa. 1994). The "clear and convincing" standard requires "testimony that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts at issue." In re Adoption of CA. W, 683 A.2d 911,914 (Pa. Super. 1996), appeal denied, 694 A.2d 619 (1997), quoting Matter of Sylvester, 555 A.2d 1202 (Pa. 1989). In cases involving the proposed involuntary termination of parental rights, it is the province of the trial court, as the trier of fact, to resolve issues of credibility of witnesses and conflicts in the evidence, and, in this capacity, the trial court "is free to believe all, part, or none of the evidence presented." In re K.C W, 689 A.2d 294 (Pa. Super. 1997), see also Atencio, 650 A.2d at 1066. In pertinent part, 23 Pa. C.S.A. 92511 provides as follows: (a) General rule.- The rights of the parent in regard to a child may be terminated after a petition filed on any of the following grounds: (1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. (b) Other considerations.- The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. In the present case, Petitioner has presented clear and convincing evidence that Respondent father's failure to perform his parental duties for nearly ten years warrants a termination of his parental rights. Furthermore, in light of the child's excellent family relationship with Petitioner and Mr. Altenburg, and the family's shared desire to proceed with the adoption, the termination is in the best interests ofFilipe Antonio Martin Del Campo Maldanado. Accordingly, the following decree will be entered: FINAL DECREE AND NOW, this 10th day of August, 2006, upon consideration of the petition for involuntary termination of parental rights in the above-captioned case, following a hearing held on August 10, 2006, and for the reasons stated in the accompanying opinion, the petition is granted and the parental rights of Felipe Martin Del Campo Mora with respect to his son, Felipe Antonio Martin Del Campo Maldanado, also known as Philip Anthony Maldanado, are hereby terminated forever. BY THE COURT, M.L. Ebert, Jr., 1. Diane M. Dils, Esquire Attorney for the Petitioner