Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Barron County Department of Health and Human Services v. C.K. and M.B.-T

Case No.: 2016AP1381; 2016AP1382; 2016AP1383

Officials: Seidl, J.

Focus: Termination of Parental Rights

M.B.-T. appeals termination of parental rights (TPR) orders for his three children, C.K., E.K., and K.K, and an order denying his postdispositional motion.  He argues the circuit court improperly granted a default judgment on the grounds for termination because: (1) he had inadequate notice and warning to appear; and (2) the court erroneously exercised its discretion when it entered the default judgment against him. He also contends the court applied the incorrect legal standard when considering whether to vacate the default judgment. Further, M.B.-T. argues his trial counsel provided ineffective assistance by failing to raise these arguments he advanced in his postdispositional motion. Finally, he requests a new trial in the interest of justice. We reject each of his arguments and affirm.

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