TPR/Adoption

[ready4it2bover]

What is the name of your state (only U.S. law)? FLORIDA

Dad and wife filed for TPR/Adoption papers June 2008 after months of emails of moms desire to terminate her parental rights. Mom signed TPR papers and consented to the adoption in January 2009. Mom returned papers to Dads lawyer in January 2009. Dads lawyer filed paperwork March 2009.

Every couple of months mom emails dad asking why this isn't finalized and accuses him of with-holding the paperwork. Take note dad has not seen said paperwork since June 2008. Mom herself returned the paperwork to dads lawyer. Dad tells mom that the paperwork was filed in March 2009 per clerk of court and nothing has been done or filed since. That it takes time and was in the judges hands.

To date. This past Saturday dad received a letter from DOR/CSE regarding an upcoming Contempt of Court hearing for moms failure to pay CS.

Dad calls his attorney Monday only to learn that he is no longer employed with that law firm. Dad got upset due to being told that the other lawyer would be handling all of the other attorneys cases. This wouldn't have been a problem as they both have been very good attorneys. The attorney that will be handling dads case now, last year was arrested multiple times for DUI's, DWLS, leaving the scene of an accident with bodily harm/property damage and so forth. Dad was/is not sure how this would effect his case (if any). Dad never got to speak to said attorney as he was with a client nor did dad receive a return call.

Mom emails dad this past monday again questioning why this is not finalized and accussing dad lawyer of holding this up. Mom also mention about seeing the upcoming hearing on the clerk of courts website but was not sure what it was in reference to even though she copied and pasted that info off the web site that clearly stated what it was for.

Dad is unsure on how to proceed.

* Should dad hire another attorney?
* Is there anything that can do to get the ball rolling?
* Is it possible to have the TPR/Adoption heard at the upcoming Contempt of Court hearing for moms failure to pay CS?

Dad gets told by the clerk of court that it takes time. Its been almost a year since the paperwork has been filed. It's been almost two years since mom seen or spoke with the girls (her choice). Mom stopped paying CS in October 2009 prior to that it was hit or miss and now not even 4 months there is a contempt hearing. There is NO state assistance due to the state . CS is not an issue. Personally, would rather use the contempt hearing to get this finalized if that is possible.

Thank you for taking the time to read any advice would be appreciated.

 

[Ohiogal]

Dad needs to hire another attorney and file a grievance against his current attorney(s) for doing nothing.

 

[ready4it2bover]

Dad needs to hire another attorney and file a grievance against his current attorney(s) for doing nothing.

Thank you Ohiogal. Looks as if there is no other choice. Was hoping of course that could be bypassed.

 

[ready4it2bover]

In addition to the other questions.

Would it be wise to have the TPR/Adoption case transferred to the North end of the county so that it can be heard by the same judge that is pretty familiar with the case since day one.

Currently it is filed in the south end of the county and has another Judge assigned to it.

This should not matter of course since it is a Noncontested TPR/Adoption. Everyone is in an aggrement as this is in the best interest of the girls.

Honestly think this would have been finalized months ago had it of been filed in the northend of the county and heard by the original judge that is familiar with the case.

Sorry but just thought of another question. In regards to the upcoming COntempt of Court hearing for moms non payment of CS. I have no doubt that Mom will spout off about the TPR/Adoption because she is very vocal. Mom and orginal Judge got in to it so to speak (was very loud) and Mom was asked to leave the courtroom. Mom continued to spout off and the baliff had to escort her out. IF mom acts in this same manner at this hearing. Would/could the Judge sign off on the TPR/Adoption even though the hearing is not in reference to the TPR/Adoption case?

Mom attempted to have this done (verbally) at a previous hearing (2007) prior to custody being reversed to dad (2008). However, judge told her that if thats what she wanted then she would have to discuss it with dad outside of the courtroom. Mom did not pursue as she didn't want to fork out the additional money that would require to file said paperwork coupled with the fact that she thought being mom there was no way she would lose custody. Within a couple of months of that hearing mom became the NCP and dad became the CP. Month and a half later mom severed all contact with girls and has made it known that they are no longer part of her family. That she is just a figment of their imagination. Several saved emails from mom with this word for word.

Dad will be contacting another attorney. Dad will be picking up a copy of the TPR/Adoption paper work from the courthouse today since he has not been able to speak to present attorney. He has called everyday this week to no availability and no return calls. Dad will have this paper work with him at the Contempt of court hearing JUST in case.

If there is anything else that dad should do/know please feel free to share. This has been a nightmare.

Thanks again.

 

[ready4it2bover]

Anyone know how??

Ok so the other day when posted the original attorney is no longer employed with the law firm so the other attorney would be handling the case.

NOW, I have an appointment with this attorney scheduled for next Wednesday. I had planned on firing him after and hiring another attorney. However, as i stated in an earlier post about the legal issues this said attorney has gotten himself into. Our county post arrest reports and mugshots online. Low and behold yesterday i seen his mugshot.This attorney went to court Feb 8, 2010 for these legal issues of which he plead quilty to. He was sentenced from what I gather for 90 days county jail. How would I go about getting to him to withdraw from my case. I was told this would have to be done before I am able to proceed further.

I have used this law firm (2 attorney's) since 2005 and never thought anything like this would happen.

Any information would be appreciated.

 

[Isis1]

wow. short of taking a subsitution of attorney form and have him sign it, then submit it yourself, the only recourse is to hold a hearing so a judge can release him himself.

 

[ready4it2bover]

The lady at the clerk of court said that I could go to Florida State Courts and print out the form. The only form i see on there about termination is this form below but i don't think this is the correct one in my case. As the lady said normally the attorney would have to file but in my case she wasnt sure.

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(d),
TERMINATION OF LIMITED APPEARANCE
When should this form be used?
This form should be used by an attorney who is terminating a limited appearance for a client under Florida
Family Law Rule of Procedure 12.040.
This form should be typed or printed in black ink. After completing this form, the attorney should sign it and
then file it with the clerk of the circuit court in the county in which the action is pending. The attorney
should keep a copy for his or her records.
What should I do next?
A copy of this form must be mailed or hand delivered to the other party or his or her attorney and to the
attorney’s client.
Where can I look for more information?
See Florida Family Law Rule of Procedure 12.040.
Instructions for Florida Family Law Rule of Procedure Form 12.900(d), Termination of Limited Appearance (09/04)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
TERMINATION OF LIMITED APPEARANCE
{Attorney’s name} , files this Termination of
Limited Appearance on behalf of the [/ one only] ( ) Petitioner ( ) Respondent, {name},
, and certifies that the proceeding or matter is concluded.
The clerk of the above-styled court is requested to enter this Notice of Completion of Limited Appearance
of record. Copies of all future court papers should be mailed to the [/ one only] ( ) Petitioner ( )
Respondent at: {name, address, and telephone number}
.
I certify that a copy of this termination of limited appearance was: ( ) mailed, ( ) faxed
and mailed, or ( ) hand delivered to the person(s) listed below on {date} .
Other party or his/her attorney:
Name:
Address:
City, State, Zip:
Fax Number:
Petitioner/Respondent:
Name:
Address:
City, State, Zip:
Fax Number:
Signature of Attorney
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Florida Bar Number