Birmingham, AK asked in Appeals / Appellate Law for Alabama

Q: About how much does it cost to hire a lawyer to appeal a tpr case

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Appeals & Appellate Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: A Lot. TPR means "Termination of Parental Rights." Your question makes it look like your parental rights have been terminated. Termination of parental rights is a pretty drastic remedy, usually undertaken by Alabama's Department of Human Resources (rather than private individuals) because of allegations of parental neglect or abuse. Private individuals can also initiate termination proceedings, but usually this is to facilitate a step-parent adoption. Representing people against State terminations is difficult. The cases are time consuming and filled with emotional intensity. On appeal, a record must be prepared and paid for. Since most of these cases last for a long time, just the preparation of the record can be very expensive. If you haven't done so already, you should consult with the lawyer who presented you in the hearing. Alabama Code Section 12-15-305 provides that you have the right, in a case of termination of parental rights, to have a lawyer appointed to represent you if you can't afford one. There is case law that a parent has 'a fundamental right to appointed counsel at every stage of a dependency proceeding...' This says to me that you are entitled to appointed counsel on appeal, as well at the trial, if you can't afford to hire counsel. Contact the court and ask about appointed counsel. If you don't have an attorney already, I'll be happy to speak with you about this matter. While I have discussed the general provisions of the law, there are some exceptions. So you shouldn't rely on this note as a legal opinion. If you click on my name it will take you to my contact page. There you can find information on how to contact me, either by phone or by email. I don't charge for the first 30 minutes of an initial consultation.

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