Appeals from Calhoun Juvenile Court (JU-13-116.03,
("the mother") appeals from two judgments of the
Calhoun Juvenile Court ("the juvenile court")
ordering, respectively, that custody of D.T. and J.T.
("the children") be modified by transferring sole
physical custody from the mother to D.M. ("the
father"). We conclude that the mother's notices of
appeal were untimely filed and dismiss the appeals.
and Procedural History
29, 2016, the father filed a separate petition for each child
in the juvenile court, which had previously determined the
father's paternity of the children, alleging "[t]hat
due to present circumstances" it would be in the best
interest of the children to establish custody with the father
or, in the alternative, to grant the father "placement
time" with the children. See § 12-15-115(a)(7),
Ala. Code 1975 ("A juvenile court shall ... exercise
original jurisdiction of ... [p]roceedings to establish,
modify, or enforce support, visitation, or custody when a
juvenile court previously has established parentage.").
The mother filed an answer to each petition; she also filed
motions to dismiss the actions, which the juvenile court
denied. On June 26, 2017, and August 22, 2017, the juvenile
court held a final hearing, at which the juvenile court heard
testimony concerning each of the petitions filed by the
father. On September 1, 2017, the juvenile court rendered a
judgment, which was entered in each action, stating, in
"Upon evidence and testimony presented, the Court finds
"1. That the father proved that he is a fit and proper
person to have custody, and that a change in circumstances
occurred. That, based on all of the testimony and evidence
submitted at trial, the change in custody would materially
promote the children's best interests and the positive
good brought about by the change in custody would far
outweigh any inherent disruption of the children's lives.
Ex parte McLendon, 455 So.2d 863 (Ala. 1984).
"It is therefore ORDERED, ADJUDGED, and DECREED as
"A. Custody and Placement:
"1. The father ... is granted the general care, custody
and control of the parties' minor children, [D.T.] ...
and [J.T.] ... subject to the mother's right of
placement. However, the exercise of this primary authority is
not intended to negate the responsibility of both parties to
notify and communicate with each other. In regard to
decisions involving medical or dental emergencies, the parent
having actual physical custody shall be authorized to obtain
any emergency treatment necessary, without the mutual consent
of both parties. Each party shall notify the other as to the
dates and times of all conferences, programs or events
relating to academic, religious, civic, athletic, and any
other activities of the minor children, so as to afford both
parties an opportunity to participate in such activity.
"2. The mother is awarded the following
supervised visitation with the minor children:
"a. Every other weekend from Friday at 6:00 p.m. Alabama
time until Sunday at 6:00 p.m. Alabama time, beginning the
15th day of September, 2017. The mother and father shall
exchange the children at 6:00 p.m. Alabama time at the
McDonald's located at the Douglasville, Georgia, exit off
of I-20. The mother's sister, [L.H.], shall supervise the
mother's visitation with the children. In the event the
mother's sister is unable to supervise the mother's
placement, the parties can agree upon an alternate supervisor
or the mother can pay for a licensed supervisor.
"b. The mother shall begin unsupervised visitation when
she presents a clean drug screen administered by a DOT