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ADOPTION R. W. G. (07/02/81)

decided: July 2, 1981.

IN RE ADOPTION OF R. W. G., A MINOR. APPEAL OF R. L. G.


No. 80-1-140, Appeal from the Final Decree of the Court of Common Pleas of Warren County, Orphans' Court Division, at No. AN 21 of 1979, dated April 17, 1980.

COUNSEL

William F. Morgan, Warren, for appellant.

Barbara L. Smith, Mahany, Roeder & Kirvan, Titusville, for Dianne R. McAfoose.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Roberts

[ 494 Pa. Page 312]

OPINION OF THE COURT

This is an appeal from a final decree of the Court of Common Pleas of Warren County, Orphans' Court Division, involuntarily terminating the parental rights of appellant R.L.G. to his natural son R.W.G. pursuant to section 311(1) of the Adoption Act of 1970.*fn1 We affirm.

Appellant and appellee were married in 1974, and lived in Warren, Ohio. R.W.G. was born in Warren in May of 1975. Appellant and appellee separated in March of 1977 and were divorced in January of 1978.

After the separation, appellant remained in Warren, Ohio, while appellee and R.W.G. moved to Tidioute, Pennsylvania. In November of 1977, an Ohio county domestic relations court awarded appellant custody of R.W.G. as a result of appellee's failure to answer appellant's custody request. However, at all times since the separation, R.W.G. has continued to reside with appellee in Tidioute. Appellant has continued to reside in Warren, Ohio.

From May to August of 1977, appellant regularly visited R.W.G. Thereafter, he had no contact whatever with the child.

Appellee remarried in June of 1978. On April 2, 1979, appellant received a letter from counsel for appellee seeking appellant's consent to adoption of R.W.G. by appellee's new

[ 494 Pa. Page 313]

    spouse. Appellant did not respond to the letter, nor did he take any other action ...


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