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Appeals court urged to uphold trial finding that fatherwas unfit after prolonged absence, despite defense claim of counsel error
Summary
The Appeals Court heard argument on April 3 in a child-welfare appeal where a father contends his trial lawyer failed to pursue district-court relief enabling contact with his child; the department and child counsel said the father's protracted absence, repeated incarcerations and the childs special needs supported termination of parental rights.
The Massachusetts Appeals Court on April 3 heard argument in an appeal challenging the termination of a father's parental rights after a protracted child-welfare matter. The fatherrepresented pro se at earlier stages and later by counsel on appealargued his trial lawyer failed to seek district-court modification of a restraining order that had prevented contact with the child, resulting in a denial of meaningful assistance of counsel and of due process.
The Department of Children and Families, represented by Matthew Price, told the panel the record contains evidence of…
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