Bartasavich v. Mitchell

324 Pa. Super. 270, 471 A.2d 833 (1984)

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Bartasavich v. Mitchell

Pennsylvania Supreme Court
324 Pa. Super. 270, 471 A.2d 833 (1984)

DC

Facts

On October 14, 1974, Michael Bartasavich (defendant) stabbed his wife during a domestic dispute, took his two-year-old daughter Michelle to a neighbor’s house, and then returned home and stabbed himself with a fork. Bartasavich later pleaded guilty to voluntary manslaughter for his wife’s death and signed a petition for Michelle to be placed with her maternal grandparents, the Gepperts. Bartasavich was sentenced to a prison term of five to 10 years and, initially, the Gepperts took Michelle to visit Bartasavich regularly. In June 1976, the Clearfield County Child Welfare Services (Child Welfare Services) (plaintiff) allowed the Gepperts to suspend visits after the Gepperts reported that Michelle suffered stomach aches, had other indicators of anxiety around the time of visits, and started calling Bartasavich “Mike” instead of “dad.” A psychologist retained by Bartasavich after his visits were suspended evaluated Michelle and concluded that she was ambivalent, not afraid of Bartasavich. Bartasavich filed a writ of habeas corpus to have his visits reinstated, but Child Welfare Services filed a petition in June 1978 seeking termination of Bartasavich’s parental rights. The trial court subsequently terminated Bartasavich’s parental rights, and he appealed the order.

Rule of Law

Issue

Holding and Reasoning (Brosky, J.)

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