Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Price County Department of Health and Human Services v. T. L.

Case No.: 2022AP001678

Officials: Stark, P.J.

Focus: Termination of Parental Rights

Tad appeals an order terminating his parental rights (TPR) to Malcom. Tad argues that the circuit court erroneously exercised its discretion by failing to consider his incarceration, indigency status, and alleged lack of notice prior to entering a default judgment against him in the grounds phase of the TPR proceedings, and by denying his subsequent motions to vacate the default judgment on these grounds. The appeals court agrees with the Price County Department of Health and Human Services, however, that Tad forfeited these arguments by failing to raise them in the circuit court.

Tad also argues that the circuit court erroneously exercised its discretion by conflating two legal standards when evaluating and denying his original motion to vacate the default judgment. The appeals court disagrees and concludes that the court applied the correct standard in denying Tad’s requested relief.

Affirmed.

Decided 04/25/23

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