Appealing a Termination of Parental Rights Decision
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed February 1, 2026
Legal Inquiry
Consumer Legal Issue
I need to appeal my TPR decision, and file for an investigation.
I need to appeal and quickly on my TPR decision with my case, my lawyer withdrew himself. Also need to file for an investigation due to the ineffectiveness of that lawyer. My evidence of paperwork that was falsified and any of the the other evidence I have did not get filed. I lost my rights to my baby, I need help urgently?
Attorney Answer
You likely have only 30 days from the date of the termination judgment to file a Notice of Appeal, so confirm that exact date right now and count 30 days forward — if you're close to or past that date, ask the court immediately for appointed appellate counsel or an extension.
Under Indiana Rule of Appellate Procedure 9, a Notice of Appeal must be filed within 30 days after entry of the final TPR judgment, or the right to appeal is forfeited. This deadline runs regardless of the reasons behind the ruling, so securing the filing date matters before anything else.
Your withdrawn attorney is a separate issue from that deadline. Indiana generally requires courts to appoint counsel for indigent parents in TPR proceedings, so ask the court for a new appointed attorney for the appeal without delay. Ineffective assistance of counsel can itself be raised as a ground within the appeal. Separately, a complaint about your prior attorney's conduct - including the allegedly falsified paperwork and evidence that was never filed - can be directed to the Indiana Supreme Court Disciplinary Commission, which investigates attorney misconduct. That process runs independently of your appeal and won't affect the appeal deadline.
What you can do:
1. Get the exact date the TPR judgment was entered from the court file and count 30 days from it.
2. If you're near or past that date, ask the court in writing today for appointed appellate counsel or an extension.
3. Preserve the falsified paperwork and unfiled evidence for new counsel to use in arguing ineffective assistance on appeal.
4. File a separate complaint with the Indiana Supreme Court Disciplinary Commission about the withdrawn attorney's conduct.
⏱ Time limits apply. Have a local attorney confirm your exact filing deadline under Ind. R. App. P. 9 today - this cannot wait.
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Frequently Asked Questions
How much time is there to appeal a termination of parental rights ruling?
In many states a notice of appeal must generally be filed within a short window, often around 30 days from the judgment, or the right to appeal can be lost.
What happens if an attorney withdraws during a termination of parental rights case?
Generally courts are required to appoint counsel for indigent parents in these proceedings, so a parent can request a new appointed attorney for the appeal without delay.
How can someone report a lawyer for alleged misconduct like falsifying paperwork?
In many states a complaint can be filed with the state's attorney disciplinary or licensing body, which investigates such claims separately from and without affecting the appeal itself.
