Alabama Appellate Watch
Appeals From Juvenile Court Subject To Shorter Deadlines; Appeal Dismissed As Untimely
In R.J.G. v. S.S.W., [Ms. 2080509] (Ala. Civ. App. Aug. 21, 2009), a portion of a father's appeal was dismissed as untimely as a result of the short deadlines for appeals from a juvenile court. Unlike in Circuit Court, post-judgment motions in a juvenile court must be filed within 14 days of the entry of the order. Ala. R. Juv. P. 1(B). And, a post-judgment motion in a juvenile court will be denied by operation of law after 14 days, Ala. R. Juv. P. 1(B), as opposed to 90 days under Ala. R. Civ. P. 59.1. Finally, appeals from a juvenile court must be made within 14 days of the entry of judgment or denial of the post-judgment motions. Ala. R. App. P. 4(a)(3). The father did not appeal within 14 days after the post-judgment motion was denied by operation of law, so, the appeal in one of the two cases at issue in the opinion was denied as untimely.
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why is the juvenile deadline only 14 days when the Ala.R.App.P.4 (a)(3) given 90 days. Do the courts not understand that a parent who loses a child in a custody case, due to the "good ole' boys system" is overwhelmed and unable to think or move after such a tactic by a highly paid and high powered lawyer who is well known to the very juvenile court in which he/she takes his claim. These parents need time to think, to put together an appeal, to fight for their child. The juvenile courts in Alabama do not seek out information regarding the persons to whom they give a child. If a mother has a lame state appointed attorney, the court tends to believe "their friend" whom they work with on a constant basis. The father can be a malicious, calculating and manipulative person, yet present himself as passive and the court buys it without question. If the word "passive" has to be used in every court hearing of the case, wouldn't anyone think that maybe its a little overdone and perhaps there is another side to this person?! My son is in the hands of a master manipulator and mentally abusive man, yet the Alabama Baldwin County Juvenile court refused to see it or look at it because the "family" worked in the system. "No one will ever win against me in a court in the state of Alabama" said the father. The "good ole' boys club" is alive and well in the state of Alabama. Mothers protect your children.
The Baldwin county court system has taken my child from me and given custody to a commissioners son who has been convicted of domestic violence for trying to burn my son and I alive in a car after being forced off the road by the presumed father. The father and i were never married he said the child was not his,he is not on the birth certificate and there has been no D.N.A test.They gave paturnity by default after serving court dates through the newspaper and all this happened after a seven year gap that the presumed father has not seen the child. I got engaged and they became angry and stole my son through the legal system."once again the Good ole boys club"