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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Appeal of a Child Protection Case

    My question involves a child custody case from the State of: West Virginia. My boyfriend gained full custody of his son 2 years ago. The boys biological mother voluntarily gave up her rights, before the state took them. Cps was involved due to her drug use. She is now trying to Appeal this decision. We haven't received any court papers, this is just what she told us because he won't allow her to see him. Should he get a lawyer or will her rights remain terminated?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help

    Do you mean to say "parental rights" or "custody rights'?

    VAST difference.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appeal of a Child Protection Case

    For an appeal of a termination of parental rights, the state will appear as respondent. If the children have a guardian ad litem from the protective proceeding, the GAL may also file a brief. That is to say, dad doesn't have to worry that mom's appeal won't be opposed. With mom's having voluntarily surrendered her rights, absent a significant error by the court, it's unlikely that the court's ruling will be reversed.

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