Opinion
18-04-4TK
08-09-2018
K-------------J------, Petitioner, v. S-------M-----, Respondent.
FILE NO. --------- PETITION NO. --------- ORDER Petition for Termination of Parental Rights In the Interest of: L---S—J------ born
On April 13, 2018, K-------------J------ ("Father") filed a Petition for Termination of Parental Rights of his own parental rights against S-------M----- ("Mother") in the interest of L----S--J------ ("L---"), a minor child born ----------------. An Order of Reference was signed designating Children's Choice to perform a Social Study on April 17, 2018. The Social Study was never completed. This matter was scheduled for a hearing on August 9, 2018. Father filed a Motion to participate by telephone because he had received Orders by the military to move to California. The Court granted the Motion to participate by telephone. Appearing for the hearing were S-------M----- and K----------J------ (by telephone), both pro se.
Father testified that he filed the Petition to terminate his own parental rights because Mother has not allowed L--- to be around Father's significant other. Since he is not involved in his son's life, Father does not want to be L---'s father. Father also testified that he provides insurance for L--- under his TriCare Insurance but that he has no insurance card for L--- and has refused to sign the paperwork to allow L--- to have a military dependent card. Father did not have an answer on how L--- could access medical care without an insurance card or proof that he was a military dependent. Father testified that he had called Children's Choice but Children's Choice thought that Mr. J------ wanted to adopt L---. Father never paid a fee to Children's Choice and a Social Report was never provided to the Court. Mother testified that she has attempted through text on a regular basis to set up contact between Father and L--- but that Father does not respond.
As the father of L---, Mr. J------ is eligible pursuant to 13 Del. C Section 1104(2) to file a Petition to Terminate Parental Rights. Pursuant to 13 Del C. Section 1107(b):
A petition for the termination of parental rights may be filed by any of the following...
(2)The father or presumed father of a child.
When a petition for termination of parental rights is filed and the Department or licensed agency is not a party to the proceeding, the Court shall, before any hearing, order a social study and report on the petition, by the Department or a licensed agency, to be filed within 4 months, subject to such additional time as the Court shall determine is reasonably required. The Court shall set a date for a hearing to take place after the report is to be filed and notice shall be accomplished as provided in section1107A.The Order of reference for the Social Study was signed April 17, 2018 and the trial was scheduled for August 9, 2018. There was sufficient time to obtain a Social Study. A Social Study was never provided to the Court. The Court cannot proceed to a hearing without the Social Study.
Pursuant to 13 Del. C. Section 1103(b):
Unless adoption is contemplated, the termination of 1 parent's rights shall not be granted if the effect will be to leave only 1 parent holding parental rights, unless the Court shall find the continuation of the rights to be terminated will be harmful to the child.Father has filed to terminate his own parental rights with regard to L---. Mother does not agree with the termination of Father's parental rights. No one has filed to adopt L---. The termination of Father's right would leave L--- with just a mother, in effect bastardizing L---. The Court cannot find that continuing Father's parental rights is in any way harmful to L---. Father is supposed to provide medical insurance for L---, a benefit for L---. Terminating those rights would take away that insurance. If Father is frustrated with his lack of relationship with L--- then he can file a petition to enforce his rights. The Court cannot find that it is any way beneficial to L--- to terminate Father's parental rights.
IT IS HEREBY ORDERED that the Petition to Terminate Parental Rights is denied as the statutory requirements have not been met.
IT IS SO ORDERED this 9th day of August, A.D. 2018.
/s/_________
MARDI F. PYOTT, JUDGE MFP cc: K-------------J
S-------M
Children's Choice
Date Mailed: __________