Can A Termination of Parental Rights Decision Be Appealed?
Whether you have won or lost your termination of parental rights case, the discussion may not be completely finished. A termination of parental rights decision can be appealed in Oklahoma.
What You Need To Know About Appealing a Termination of Parental Rights Decision
- There Are Many Rules That Apply
The first thing to know is that while you can appeal a termination of parental rights decision, there are very specific rules that apply, and you should discuss your option to appeal with your lawyer as soon as the decision is handed down to you.
- There Is a Time Limit to File an Appeal
Any appeal must be filed within 30 days after the decision is rendered. Failure to file an appeal with the Oklahoma Supreme Court will lead to the summary denial of the appeal.
The Discussion With Your Lawyer
A negative decision by the court often creates a passionate situation and feelings of lack of justice. Your lawyer will discuss with you your options, which include:
- Do you have substance enough to file an appeal? – The court will look to see if you have a substantial case, if your rights were not taken into account, and other evidence to determine if you have a case for appeal. If not, your application for appeal will be denied.
- Strategy for appealing is important. An appeal is basically letting the court know that they were wrong and that the decision they handed down was not valid. The application to appeal will outline the errors and state the overview of why those errors exist. It cannot rely on passion or personal feelings.
File The Petition In Error
To physically start the process of appealing the decision that removes your rights as a parent, you will need to file a Petition in Error with the Supreme Court of Oklahoma.
You name the people involved, facts, and procedures that outline the appeal. In addition, you will file a designation of record which is an instruction to the court clerk, and a list of documents that apply to the appeal.
Once you have filed a Petition of Error and your Designation of Record the opposing party will have a set amount of time to add to the Designation of Record. They will also have a set amount of time to explain to the court their reasons why the appeal is not valid.
Once the clerk has completed the record on appeal, the briefing time begins. The parties file legal briefs setting out their positions in the case. The Court will issue an opinion once it decides the case – this can take many months, although juvenile cases take priority on appeal.
Do You Need More Information About Parental Rights?
If you have questions about the potential to restore your parental rights, reach out to us at Owens Law Office. We can discuss your rights as a parent, and whether you have the documentation to successfully restore parental rights after a termination decision. Contact us today for your confidential consultation.