Termination of Parental Rights
82.02.a Personal Jurisdiction 7B-1106
In
Re P.L.P., COA04-1150, Charlotte Gail Blake for appellant-mother
The "original action" in this matter began more than two years before
DSS filed a Motion in the Cause to terminate the mother's parental rights and
DSS was required to serve the mother personally. DSS's failure to do so deprived
the trial court of personal jurisdiction over the mother.
COA
Opinion
In
Re K.N., COA06-1288, Thomas B. Kakassy for appellant-mother
The trial court lacked personal jurisdiction over the respondent when the affidavit
of service by certified mail was signed by an unidentified person and the mother
did not appear in court or file a responsive pleading. Further, the notice of
hearing sent to an attorney was not sufficient as the attorney was only appointed
to the underlying matter and not the termination of parental rights proceeding.
COA
Opinion