Drug Addicted, Unemployed Parent’s Rights to Child Properly Terminated

In the case of Tyrone L. Wheless v. Commonwealth Catholic Charities, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court, in an adoption proceeding, did not err in concluding evidence was sufficient to justify termination of father’s parental rights to his child and in ruling that father withheld his consent contrary to the best interests of the child.  The child was entrusted to foster care three days after his birth and the child was almost two years old at the time of the proceeding. The Court further explained that the child:

“had bonded with his prospective adoptive parents, and expert testimony concluded his removal from that home would be detrimental. His mother wishes the adoption to proceed. The relationship between the birth parents showed appellant to have been abusive and physically violent to the mother, to the extent she fears for her life when he is released from incarceration. Appellant has no ability to care for B.B.H. He is a convicted felon, disabled by being shot and subsisting upon $384 per month in Social Security benefits. Testimony reveals no prospects of his employment and he has no home for the child. He cannot lawfully return to live with his mother. He has never been licensed to drive. Appellant is a self-admitted drug addict and drug dealer who “pawned” Cassandra’s car to other dealers to use in their actions and in exchange for drugs.  Appellant relies on the drugs to alleviate his psychosis.  Appellant is a convicted felon with a history of violence towards women.  Finally, there has been no “previous relationship” between appellant and B.B.H. (the “child”).”