In re M.K. & C.K.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father's parental rights in an abuse and neglect proceeding. The father argued that the circuit court lacked personal jurisdiction because he was not personally served with the abuse and neglect petition. The Court held that he made a general appearance, participated in the proceedings, and did not demonstrate prejudice from the lack of personal service.

Holdings

1. The circuit court properly exercised personal jurisdiction because Father made a general appearance in the underlying proceedings despite the lack of personal service.
2. Reversal was not appropriate because Father made a general appearance and failed to demonstrate prejudice from the lack of personal service.

Questions Presented

1. Whether the circuit court lacked personal jurisdiction and therefore erred by proceeding to a dispositional hearing because Father was not personally served with the abuse and neglect petition.
2. Whether the circuit court's failure to personally serve Father required reversal where he made a general appearance and conceded that he suffered no prejudice.

Disposition

affirmed