Introducing The Adoption Law Firm’s Appeals Page

What happens with adoptions on appeal? Please visit our appeals page to learn more.

Imagine that you’ve been raising your adopted child since they came home from the hospital three years ago. The mother consented at the hospital. The father didn’t. He and the mother had a one-night stand. Even though he knew the mother was pregnant with his child, he refused to offer any financial or emotional support. The father contested the adoption, but his parents were the ones really paying the bill.

After a long trial, the probate court grants the adoption and dismisses the natural father’s contest. You are free and clear! Or so you think. The father, funded by his parents, files an appeal. Now what?

After a final order in the probate court, a dissatisfied party has 14 days to file a Notice of Appeal. Then the clerk of the trial court must gather the record and send it to the clerk of the Appellate Court. After that’s complete, the appealing party has 28 days to file a brief. The party defending the court’s order has 21 days to file a responsive brief. Then the appealing side has 14 days to file a reply brief.

What goes into a brief on appeal? In short, a lot. A brief contains the statement of facts that you want the appellate court to adopt. This is perhaps the most time consuming. Every fact asserted must be cited to the record: the transcript and the pleadings/orders. The next heavy lift is the argument section. The argument section incorporates the facts with the law. Every assertion of law must be accompanied by a citation to the relevant authority. Like the section focusing on standard of review, getting the law right is as important to an appeal as nursing to a newborn. Your case will not survive without it.

What is the composition of the appellate court? The Court of Civil Appeals has five judges – a presiding judge and four associate judges. Currently their names are, Presiding Judge Terry A. Moore, Judges Christy O. Edwards, Chad A. Hanson, Matt Fridy, and Ben Bowden. The Court of Civil Appeals Decision to affirm or reverse the trial court must carry at least three votes.

If any party is dissatisfied with a decision from the Court of Civil Appeals, they can appeal one step further to the Alabama Supreme Court. The mechanism of appeal is called a petition for writ of certiorari. It is very rare for the Supreme Court to take up a writ of certiorari, but it does happen from time to time. And of course, in theory, the parties could also appeal their matter to the United States Supreme Court.

For more information on our firm’s appellate advocacy, please visit our appeals page, highlighting some of our appeals.