Parental Termination Rights

[Cnwhite]

What is the name of your state (only U.S. law)? Arkansas
A mother and father divorce when the children are 2 and 3 years of age. Birth mother is no longer in the picture but see's children about once a year. Father gets children taken from DHS when children are 6 and 7 years of age. DHS moves to terminate both father and mother's rights. Mother can not be located. DHS begins to start hearings on termination rights. Will the state hold separate hearings to terminate mother and father's rights or will they hold ONE hearing and terminate both rights at the same time?

 

[Just Blue]

What is the name of your state (only U.S. law)? Arkansas
A mother and father divorce when the children are 2 and 3 years of age. Birth mother is no longer in the picture but see's children about once a year. Father gets children taken from DHS when children are 6 and 7 years of age. DHS moves to terminate both father and mother's rights. Mother can not be located. DHS begins to start hearings on termination rights. Will the state hold separate hearings to terminate mother and father's rights or will they hold ONE hearing and terminate both rights at the same time?

Who are you in this situation?

 

[Cnwhite]

it is a case that I am looking into for some one who can not access a computer. He states that they terminated his ex wife's rights but they never did his, I read that in the court transcript. They kept putting a continuance on his. The dates read like this. On July 8 they terminated mothers and continuance on his. Sept. 17 he appeared again and they continuance ran until Dec. 17. He did not appear but the adlitem and judge stated in records the rights of the father would be terminated. But he was not there at the hearing.

 

[Isis1]

it is a case that I am looking into for some one who can not access a computer. He states that they terminated his ex wife's rights but they never did his, I read that in the court transcript. They kept putting a continuance on his. The dates read like this. On July 8 they terminated mothers and continuance on his. Sept. 17 he appeared again and they continuance ran until Dec. 17. He did not appear but the adlitem and judge stated in records the rights of the father would be terminated. But he was not there at the hearing.

so this possible "not dad" needs to check and verify that the judge signed off on the order.

 

[Cnwhite]

so if he was not at the hearing and the judge singed off then his rights have been terminated? you do not have to be present at your termination hearing? because he was at several hearings just known of them saying....your rights have been terminated and you have a right to appeal. that was never said to him by a judge, because he was never present at the hearing were the judge signed off.

 

[Isis1]

so if he was not at the hearing and the judge singed off then his rights have been terminated? you do not have to be present at your termination hearing? because he was at several hearings just known of them saying....your rights have been terminated and you have a right to appeal. that was never said to him by a judge, because he was never present at the hearing were the judge signed off.

it's called a default order. he was ordered to attend. he chose not to.


it is quite possible any room for appeal had been passed. it's usually 30 days.

 

[Ladyback1]

it is a case that I am looking into for some one who can not access a computer. He states that they terminated his ex wife's rights but they never did his, I read that in the court transcript. They kept putting a continuance on his. The dates read like this. On July 8 they terminated mothers and continuance on his. Sept. 17 he appeared again and they continuance ran until Dec. 17. He did not appear but the adlitem and judge stated in records the rights of the father would be terminated. But he was not there at the hearing.

can't access computer, didn't show for hearing....Is he a convicted felony serving his sentence currently?

 

[Ohiogal]

so if he was not at the hearing and the judge singed off then his rights have been terminated? you do not have to be present at your termination hearing? because he was at several hearings just known of them saying....your rights have been terminated and you have a right to appeal. that was never said to him by a judge, because he was never present at the hearing were the judge signed off.

If he was served and didn't show that is on him. Why didn't he bother showing up? Did he have counsel? If not, why not?

 

[Cnwhite]

OK....trying to answer everyone here**************.He attended the ex-wife hearing on July8, He attended the Sept.17 were the judge said they are going to review and terminate in 90 days. There was no other court dated given when the judge stated in 90 days. On Dec 17 only the adlitem and the judge signed the order to terminate. He did NOT appear because he was NOT told the Dec. 17 date when the oder was signed. He has been arguing that he never attended his termination hearing nor was he allowed to appeal because they kept giving these dates to continue. All in All I think he attend well over 30 hearings and was at court more then he was at work. Then he lost his job because of all the hearings he had to attend. NOW you are asking if he is prison.....one question at a time, please. Has anyone ever heard of filing a replevin on trying to get the slippery slope to open up so to speak?

 

[Isis1]

OK....trying to answer everyone here**************.He attended the ex-wife hearing on July8, He attended the Sept.17 were the judge said they are going to review and terminate in 90 days. There was no other court dated given when the judge stated in 90 days. On Dec 17 only the adlitem and the judge signed the order to terminate. He did NOT appear because he was NOT told the Dec. 17 date when the oder was signed. He has been arguing that he never attended his termination hearing nor was he allowed to appeal because they kept giving these dates to continue. All in All I think he attend well over 30 hearings and was at court more then he was at work. Then he lost his job because of all the hearings he had to attend. NOW you are asking if he is prison.....one question at a time, please. Has anyone ever heard of filing a replevin on trying to get the slippery slope to open up so to speak?

he's past the appeal date. anything further....he needs an attorney.