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D. G. C. (11/26/79)

SUPREME COURT OF PENNSYLVANIA


decided: November 26, 1979.

IN RE D. G. C., A MINOR. APPEAL OF V. A. C. S.

No. 595 January Term 1977, Appeal from the decree of the Court of Common Pleas of Carbon County, Orphans' Court Division, at No. 77-191.

COUNSEL

Edward M. Pulaski, Lehighton, for appellant.

James A. Wimmer, Palmerton, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen and Flaherty, JJ. Manderino, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 487 Pa. Page 42]

OPINION

The Court of Common Pleas of Carbon County, Orphans' Court Division, after an evidentiary hearing, concluded that V.A.C.S., natural mother of D.G.C., had continuously failed to perform her parental duties in respect to her son for a

[ 487 Pa. Page 43]

    period in excess of six months, and entered a decree involuntarily terminating the parental rights of V.A.C.S. in D.G.C. and awarding custody to the child's father. See Act of July 24, 1970, P.L. 620, art. III, § 311, 1 P.S. § 311 (Supp.1978). V.A.C.S. filed this appeal.

Appellant contends that, during the many months she was admittedly away from her son, she made "suitable arrangements" for his temporary care by leaving him in the custody of the natural father. See In re Lutheran Children and Family Service of Eastern Pennsylvania, 456 Pa. 429, 321 A.2d 618 (1974). The trial court rejected this version and stated that "at no time," during the relevant period, did V.A.C.S. "perform a single parental duty . . . or in any fashion indicate by any act on her part a desire or intent to do so."

The testimony is sufficient to support the court's findings and conclusions.

Decree affirmed. Each side to pay own costs.

19791126

© 1998 VersusLaw Inc.



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