Annette F. v. Sharon S.

Sharon S. (Sharon) appeals an order awarding Annette F. (Annette) attorney fees in Annette’s action raising custody and visitation issues as to their son Zachary. On appeal Sharon contends the trial court: (1) acted in excess of its jurisdiction by awarding attorney fees without statutory authority; and (2) abused its discretion by awarding Annette $17,500 in attorney fees in the circumstances of this case. Annette contends Sharon’s appeal is untimely and should be dismissed. Because we conclude Sharon’s notice of appeal was not timely filed, we dismiss her appeal.

FACTUAL AND PROCEDURAL BACKGROUND

Sharon and Annette were in a committed relationship from 1989 through mid-2000. (Sharon S. v. Superior Court (2003) 31 Cal.4th 417, 422 [ 2 Cal.Rptr.3d 699 , 73 P.3d 554 ].) In 1996 Sharon gave birth to Zachary. (Ibid.) In 1997 Annette adopted Zachary through a second-parent adoption.

In 1999 Sharon gave birth to Joshua. (Sharon S. v. Superior Court, supra, 31 Cal.4th at p. 422 .) Sharon signed an independent adoption placement agreement in which she consented to Annette’s adoption of Joshua. (Ibid.) Annette filed a petition to adopt Joshua through a second-parent adoption,…