Court Error – Abuse of Discretion

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. K.P.

Case No.: 2017AP612; 2017AP613

Officials: BRENNAN, P.J.

Focus: Court Error – Abuse of Discretion

K.P., the father of A.P. and J. P., appeals orders terminating his parental rights to both children. The trial court found K.P.’s failure to appear on the day of the jury trial egregious and without justifiable excuse, and it struck his contest posture and proceeded to prove-up and disposition. The trial court found that the disposition that was the in the children’s best interests was the termination of parental rights and adoption. K.P. argues that the trial court erroneously exercised its discretion in finding him in default because his conduct was not egregious. Specifically, he argues that because he showed up for some hearings, moved for visitation in March 2016, granted consent for A.P.’s therapy, and showed up for the dispositional hearing, his failure to appear for the jury trial cannot warrant a default finding. For the reasons that follow we reject his argument and affirm the trial court orders.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.