Termination of Parental Rights-Preservation of Key Objections

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. J. S.

Case No.: 2024AP000180

Officials: Donald, P.J.

Focus: Termination of Parental Rights-Preservation of Key Objections

Julia appeals from circuit court orders terminating her parental rights to her children, Nathan and Neil.2 Julia argues the circuit court lacked personal jurisdiction over herself because she was not personally served the summons and petitions for the termination of her parental rights. Julia also contends the circuit court erred by accepting the substitution request of Judge Joseph R. Wall made by the children’s guardian ad litem (GAL) because the GAL had previously waived the right to substitution and failed to comply with the requirements for substitution laid out in WIS. STAT. § 48.29(1

The appeals court affirmed the circuit court’s orders to terminate Julia’s parental rights primarily because Julia failed to preserve her key objections during the lower court proceedings. Specifically, she did not object to the substitution of Judge Wall by the guardian ad litem, nor did she contest the service of the original petitions and summons. Furthermore, Julia’s participation in the proceedings without raising these issues resulted in her forfeiting the right to contest them on appeal. The appeals court also determined that the service of the amended petitions on Julia’s attorney was appropriate and did not deprive the circuit court of personal jurisdiction, as service on an attorney is permitted under Wisconsin statutes once the attorney has appeared in the action on behalf of a party. This established that personal jurisdiction was maintained throughout the proceedings.

Affirmed.

Decided 04/16/24

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