Larry Jenkins told ABC News that Jared and Kristi Frei will not give 21-month-old Leah to her father, Terry Archane.
Jenkins said the district court "made some fundamental errors in its decision" and he will raise those errors with the appropriate appellate court.
Archane was stationed in South Carolina in March 2011 when his estranged wife gave birth to baby Leah in Utah and immediately turned the infant over to an adoption agency without Archane's consent.
Ruling in favor of Archane, Judge Darold McDade said he was "astonished and deeply troubled" by the actions of the agency, Adoption Center of Choice.
He said in his ruling that the Freis knew Archane had never been consulted about the adoption but decided to take the baby anyway.
McDade gave the Freis 60 days to comply with his order to surrender the toddler.
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