The Adoption Law Firm, with McLure & Associates, has represented many clients in cases that involved appeals. Whether our clients are challenging or defending the status quo, we strive for excellence as we draw from our deep well of experience. See a sample of some of our appellate cases below.
Published Opinions
B.C. & T.C. v. Cullman County Department of Human Resources – In October of 2014, the Juvenile Court of Cullman County granted a motion by Cullman County DHR to enjoin our clients from filing a Petition for Adoption in any court other than the Juvenile Court of Cullman County. On appeal, the Court of Civil Appeals determined that the juvenile court did not have jurisdiction to enjoin our clients from filing an adoption within the probate court, because, under Alabama law, the probate court has original jurisdiction on all adoption cases unless the probate court transfers jurisdiction to the juvenile court. Due to this decision, our clients were able to successfully pursue adoption and permanency for their foster child.
A.C.B. v. A.B.B. and J.E.B. – In 2022, our clients filed an adoption petition to adopt their two nieces alleging that the children’s father had passed away and that their mother had abandoned them and, thus, impliedly consented to their adoption. While the child was in the custody of our clients, the mother carried on what could be described as an on-again-off-again relationship with the children which included extended periods of no-contact with the children. On appeal, the children’s mother argued, 1) that res judicata and collateral estoppel precluded the juvenile court from considering the aunt and the uncle’s claims, 2) that our clients should be equitably or judicially estopped from proceeding with the adoption, 3)that her repeated, albeit sporadic, resumption of contact demonstrated that she had not impliedly consented to the adoption, and 4) that the trial court erred in determining that the adoption of the children was in their best interest. In their opinion, the Court of Civil Appeals rejected these arguments, and the children were ultimately granted permanence and stability through adoption with our clients.
Ex Parte Madison County Department of Human Resources – In May 2023, our clients intervened in a Madison County DHR Termination of Parental Rights (TPR) case. One hour before trial, Madison County DHR voluntarily dismissed their TPR case, leaving our clients as the sole prosecutors. Following the hearing, the juvenile court entered orders terminating the rights of the child’s mother and father. An appeal was filed by both parents and by Madison County DHR. On appeal, the Court of Civil Appeals determined 1) that our clients were properly permitted by the trial court to prosecute the TPR case after Madison County DHR voluntarily dismissed their TPR petition, 2) that transfer of custody to an alternative child placing agency was proper, and 3) that our clients’ case presented sufficient evidence to terminate the parental rights of the legal parents. As a result, the children were allowed to remain in the physical custody of their foster parents, who subsequently and successfully adopted them.
J.H. v. Jefferson County Department of Human Resources – In April 2024, our clients intervened in a Jefferson County DHR termination of parental rights case. The trial court terminated the rights of the parental rights of the legal parents. The legal father appealed. On appeal, the father argued 1) that DHR failed to use reasonable efforts to find paternal relatives that could act as a placement option and 2) that placement with the paternal grandmother was a viable alternative to the termination of parental rights. The Court of Civil Appeals found that the father failed to challenge the findings of the juvenile court that despite the paternal relatives knowing that the child was in foster care they either chose not to pursue custody or inexcusably delayed in pursuing custody. The Court of Civil Appeal also found that the paternal grandmother could be disregarded as a viable alternative due to her delay in pursuing placement of the child. In the end, the Court of Civil Appeals affirmed the trial court’s decision. Because of this, the child was able to rest secure in their placement with the foster parents, ultimately leading to their adoption.
Affirmed Without Published Opinion
Unpublished memorandum are issued to the parties and to the trial-court judge. They are not subject to publication and are not made a part of the public court record by the trial-court clerk. They are not to be cited as precedent. See Rule 54, Ala. R. App. P. Rule 54(d), which states, in part, that unpublished memorandum “shall have no precedential value and shall not be cited in arguments or briefs and shall not be used by any court within this state, except for the purpose of establishing the application of the doctrine of law of the case, res judicata, collateral estoppel, double jeopardy, or procedural bar.
S.W. v. Houston County Department of Human Resources – In September 2021, our clients, the foster parents to the two children, intervened in their foster children’s dependency and termination of parental rights matters. The foster parents took an active role in the litigation. The trial court issued orders terminating the parental rights of the legal parents. The Court of Civil Appeals affirmed the trial court’s decision to terminate the parental rights of the legal parents. This decision ultimately led to permanency via adoption by the foster parents.
C.C. v. L.B. and S.B. – In October 2021, our clients, the foster parents, filed a petition for custody, petition to terminate the parental rights of the legal parents, and a motion to intervene in the Department of Human Resources’ dependency action. The trial court terminated the parental rights of the legal parents and placed permanent physical custody with the foster parents, over the objections of DHR, the legal parents, and paternal grandmother. The legal mother and legal father appealed the termination of their parental rights. The Court of Civil Appeals affirmed the trial court’s decision. The child was ultimately adopted by the foster parents.
S.B. v. Etowah County Department of Human Resources – The foster parents filed their own petitions to terminate the parental rights (TPR) of the legal parents. In December 2022, the trial court granted the foster parents’ TPR petition. The legal parents appealed. The Court of Civil Appeals affirmed the trial court’s decision. Due to this decision, the foster parents went on to adopt all four children.
A.B. v. Dale County Department of Human Resources – In March 2021 our clients, the foster parents, filed motions to intervene and petitions for custody of their two medically fragile foster children. The legal parents appealed a finding of dependency. The Court of Civil appeals affirmed the trial court. Through subsequent orders, the trial court granted a petition to terminate the parental rights of the legal parents and ultimately the trial court granted the foster parents’ petitions for adoption.
K.B. v. Etowah County Department of Human Resources – In November 2024, our clients, the foster parents, filed a motion to intervene in a termination of parental rights (TPR) matter that was filed by the Etowah County Department of Human Resources at the beginning of October 2024. In December 2024, the trial court issued an order terminating the parental rights of the foster child’s natural parents. In January 2025, the legal father appealed the termination of his parental rights. The Court of Civil Appeals affirmed the trial court and the pathway was laid for our clients to adopt the child.
In Re: T.W. v. Montgomery County Department of Human Resources – In August 2024, our clients, the foster parents, filed a motion to intervene in a dependency action and a termination of parental rights action initiated by the Montgomery County Department of Human Resources. The legal mother appealed the termination of parental rights judgment against her. The Court of Civil Appeals affirmed the trial court’s findings. Because of this, the foster parents’ pathway for adopting the child was legally unrivaled.
C.B., Jr. v. Madison County Department of Human Resources – In June 2023, the foster parents of two girls, our clients, filed a petition for custody and petition to terminate parental rights of the legal parents. In May 2024, our clients filed a motion to consolidate their TPR petition with the Madison County Department of Human Resources’ TPR action. The trial court proceeded to terminate the legal parents’ rights. In January 2025, the legal father appealed the termination of his parental rights. The Court of Civil Appeals affirmed the trial court and the order terminating the father’s rights was upheld, the path was laid for the children to finally be given permanency through adoption.
C.C. v. Covington County Department of Human Resources – In 2023, a legal mother appealed the termination of her parental rights. We filed an amicus curiae (“friend of the court) brief in support of TPR on behalf of the foster parents who were not parties to the juvenile court action. Before the final resolution, the mother consented to the termination of her rights, which opened the door to an uncontested adoption by our clients.