The Power of the Appeal: Fighting for Families and Justice: by Attorney Dorothy Ferguson

Appellate advocacy is often the last line of defense for justice--where the unheard finally have a voice, and where the law is reminded of its humanity.

As an attorney who has spent decades fighting for families, children and fairness, I've come to understand that the appellate courts are more than just legal battlegrounds--they are places where stories are reclaimed, rights are restored, and systems are held accountable.

One of the most meaningful appellate victories of my career was in S.T. v. Indiana Department of Child Services, 48A02-1709-JT-2094. In that case, the trial court terminated a mother's parental rights without giving her the due process every parent deserves. DCS failed to provide proper notice-an error that would have quietly stolen this mother's child if no one had intervened.

BUT SOMEONE DID!

We took the case to the Indiana Court of Appeals, and the court agreed: her rights along with a number of other parents, statewide had been violated. The termination was reversed. Ultimately, this courageous mother was reunified with her daughter after two (2) long years. It was not just a legal victory, it was a family restored. I am happy to report that mother and daughter are now residing out of state and are doing very well.

This case gained media attention, and I was honored to speak about it on WTHR, helping the public understand the high stakes of procedural justice in family law, and when dealing with DCS.

MAKING NEW LAW: MANIS V MCNABB

In Manis v. McNabb, 104 N.E.3d 611, the appellate court addressed a critical question: Can a trial court delegate its authority by allowing a third party that has guardianship to determine a parent's visitation time?

The Answer: NO

In this landmark decision, the court made clear that judicial responsibility cannot be outsourced when it comes to something as essential as parenting time. This case helped shape Indiana law and set a precedent that protects the rights of parents while ensuring accountability in the system.

WHY APPEALS MATTER:

Appellate work is not glamourous. It's meticulous, time-consuming and often misunderstood. But, it's where real change happens. It's where we challenge systemic overreach, clarify the law, and protect the rights of parents who are too often overrun by the machinery of the child welfare system.

My Mission: Advocacy with Purpose

I am not just an appellate attorney. I am an advocate for parents like S.T., for families like the Manises and for every child whose future hangs in the balance. My practice is rooted in the belief that justice must be both fair and fearless, and that no family should be torn apart without accountability and compassion.

I believe in using my voice, my experience, and the appellate courts to push back against government overreach and fight for the outcomes that honor both the law and the lives it touches.

FINAL WORD:

Appellate advocacy may not be the beginning of a case--but it can change the ending. For the better.

If your a parent, professional, or advocate facing an uphill legal battle, don't give up hope. Sometimes the fight isn't over-it's just moving to a higher court.

When contemplating an appeal--time is of the essence. It has to be filed within thirty days from the final judgement.

If you would like to get some assistance with initiating an appeal or help with an ongoing appeal, please feel free to reach out to us by email: yourattorneydoferg@yahoo.com or by phone, 765-298-8479 to schedule your consultation.