This matter is before the court on a petition for involuntary termination filed by J.V.N Jr., Father, and his wife, D.L.N., on August 3, 1998. The petitioners seek to terminate the parental rights of M.F., Mother.
Since their marriage two years ago, Father and D.L.N. have lived in Hamburg with J.V.N. III. They have a harmonious familial relationship in which, by all accounts, J.V.N. Ill is doing well. For the two years which Father and his family have been living in Hamburg, Mother has not known of their whereabouts. Mother did know of Father’s prior Birdsboro address and has had a continuing knowledge of Father’s parents’ residence and phone number.
Father and J.V.N. Ill have not talked about Mother in the last two years; however, once in a while J.V.N. Ill talks with D.L.N. about Mother. D.L.N. testified that J.V.N. Ill feels threatened by Mother and does not want to go back to his past life because he was left crying and Mother did not care about him.
Mother has had no contact with J.V.N. Ill in the last two years. In the beginning of the custody action Mother had sent cards, but in the last two years she has sent no cards or gifts nor has she made any phone calls to Father, his parents, or J.V.N. III. Mother has not known where Father has been living or working
Mother’s actions to attempt to maintain or establish a relationship with J.V.N. Ill consisted of phone calls to Father in an attempt to speak to their son. She also filed a petition for modification of the custody order and left gifts for J.V.N. Ill on the premises of Father’s Birdsboro residence.
Father felt the phone calls were of a harassing nature, at least one of which came at 3 a.m. while he was sleeping. Father testified that Mother called at all hours to talk with their son, or she called and simply hung up. As a result, he changed his phone number. Mother testified that she made the phone calls and harassed Father because that is what she was instructed to do by Central Penn Legal Services, although she did not understand why.
In March 1995, Mother filed a petition for modification of the custody order. This action was terminated for lack of activity, but Father believed it was because Mother did not appear for a hearing. Mother testified that she did appear and that when Father came he brought the gifts which she had left on his property for J.V.N. III. Father testified that he returned the gifts because they were used and beaten toys. Mother testified that the toys were brand new. The gifts, when left on Father’s property, bore Mother’s name but were labeled in no
Mother does not want her son to be adopted by Father’s wife. Mother testified that she has not stopped thinking of her son, that she still wants custody and/or visitation with him, and that he would do fine in her home and with her family. At least in part, she justifies her lack of contact with J.V.N. Ill by a court order which prohibits her contacting him.
Mother also suffers from paranoid schizophrenia. In the past, she has been hospitalized several times for her mental illness and currently takes Zyprexa, a prescription drug. She is supposed to take her medication every day but does not always do so because her 3 1/2-year-old daughter does not like it when she takes the pills and told her not to take this medication. Although her doctor told her to take her medication every day no matter what, she testified that she does not always take her pills so as to test if and how her conduct differs with or without the medication.
The parties stipulated to the facts presented in the report of John Grenko, Esquire, who, at the court’s request, agreed to serve as guardian ad litem for the child. Mr. Grenko’s conclusions and recommendations, to which the parties did not stipulate, will be discussed below as his conclusions, and reasoning therefor, coincide with those of the court.
Clearly the best interests of the child warrant termination of Mother’s rights. J.V.N. Ill has not had a relationship with his mother, much less a healthy one; whereas, he has a healthy relationship with D.L.N. D.L.N. considers J.V.N. Ill to be her son and he apparently considers her to be his mother. Father, D.L.N.
Mother has not been there for J.V.N. III. Mother has had no contact with her son for several years. There has been no in-person visits, no phone calls, no letters, no cards, no gifts. Mr. Grenko was not comfortable recommending termination of Mother’s rights, given the difficult situation of court orders prohibiting her contact with J.V.N. III. The court notes, however, that the March 1992 order prohibiting her from having contact with her son and granting Father legal and physical custody was entered by her agreement; it was not court imposed. The last paragraph of that order even provides that if either party wished to change the terms of the order, that party should file a petition requesting modification. Mother filed such a petition in March 1995 but failed to follow through on the action. In particular, she did not complete the court-ordered evaluations with Lynne Mullís MSW. Furthermore, it was her harassing Father and his family which led to a court order whereby she was to have no contact with them.
For the most part, the obstacles in Mother’s path to having a relationship with J.V.N. Ill were self-caused,
Mother has failed to perform parental duties for J.V.N. III. She has not adequately explained her failure and it would clearly be in the best interests of J.V.N. Ill for Mother’s parental rights to be terminated. For the foregoing reasons, the court enters the following decree nisi:
DECREE NISI
And now, October 29, 1998 the petition for involuntary termination of parental rights of M.F. as to minor child, J.V.N. Ill, is hereby granted.
. Mother testified that she also sent J.V.N. Ill $15 cash “every now and then” when she was working and could afford it. Father testified that he never received any money from her.
. The March 31, 1992 order of court entered by agreement of the parties, granted legal and physical custody to Father and further provided that Mother “shall have no personal contact with the . . . child.” Mother was permitted to send cards, gifts and other appropriate items to J.V.N. HI.
