Legal Opinion · Concurrence

In re the Termination of the Parental Rights Over M.C.S.

South Dakota Supreme Court

Decided July 28, 1993No. Nos. 18000 and 18056Published

1ConcurrenceSabers, Justice

This is a blatant attempt to terminate the parental rights of a father to his child without serving him with the proper papers. SDCL 15-2-30 provides:

An action is commenced as to each defendant when the summons is served on him, or on a codefendant who is a *329joint contractor or otherwise united in interest with him.

In addition, it is an attempt to do it in the wrong state. Because there was no service of process, there was no personal service upon Father and the entire attempt is void. See In re Gillespi, 397 N.W.2d 476 (S.D.1986) (“If there is no statutory exception, and there is not, the…

2Cases cited3 opinions

  1. In Re the Alleged Mental Illness of GillespiSouth Dakota Supreme Court · 1986
  2. Zappitello v. MosesSouth Dakota Supreme Court · 1990
  3. In the Interest of D.L. v. D. L.Missouri Court of Appeals · 1990

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