Abuse of Discretion – Termination of Parental Rights

By: Derek Hawkins//September 23, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. L.C.,

Case No.: 2020AP796

Officials: WHITE, J.

Focus: Abuse of Discretion – Termination of Parental Rights

L.C. appeals the circuit court’s order terminating her parental rights to her child, M.S. Jr., on the petition of the Milwaukee County Department of Human Services. She asks this court to vacate the order and remand for a new trial. She argues that the trial court erroneously exercised its discretion when it struck her contest posture as a sanction and entered an order of default judgment on the grounds of termination of L.C.’s parental rights. We conclude that the default sanction was not an erroneous exercise of discretion because a trial court may default a party as a sanction for egregious conduct and the record supports the trial court’s findings. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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