Legal Question in Family Law in Florida
My girl friend and son lived with me in Florida until January 2015. My son was 1 year and 9 months of age when she and my son went for a visit to Puerto Rico and never returned. She then filed paper work and obtained custody of our son in Puerto Rico with out my knowledge. I hired an attorney and started a custody case here in Florida, but was told the case had to wait until P.R. released jurisdiction, but clearly jurisdiction is in Florida. Initial Florida Judge recused herself from case while we awaited months for P.R. release. P.R. Judge continued to refuse release of jurisdiction, and a new Judge in Florida instructed P.R. judge to make the decision. So we have a case where clearly jurisdiction is in Florida, Judge in P.R. states that although by law jurisdiction is in Florida, she will keep it in P.R. because my x has established residency there. Judge here in Florida is doing nothing. I just went to P.R. for hearing to establish the jurisdiction in August, was told of the decision on October 11th by my Attorney and told I have until the 29th of October to make a decision as to my next step. I informed him on the 14th that I want to proceed with the appeal. My Attorney replied that he personally does not do appeals but the other attorney, the one he works with, the one who he had meet me in and has represented me in P.R. for him does handle the appeals and that I would be working with her. No big deal as he has always made the arrangements with and set up appointments with her on my behalf in the past, I was led to believe she would be and was handling the appeal through him as usual. I hadn't heard from my Attorney, as so I tried to contact him via email yesterday to see where the case was, and I got no reply, today I called and was notified by his admin that the appeal process has not been initiated at all, further more there is not time to do that now, and basically I now can not, I am unable to appeal and when asked how can that be, this pathetic attorney states he told me he doesn't do appeals? Yes and he doesn't go to P.R. for cases either, that is why he arranged the other attorney in all past representation. I'm at a loss, just plain dumbfounded. What just happened? How can an Attorney do this. What recourse do I have against the attorney misleading me in that he was going to take care of the appeal process and then didn't, and can I still get an appeal? Please don't tell me all hope of establishing some form of normal relationship with my son is gone because of this attorney, that it is ok for her to virtually kid nap my son, and I have no recourse what so ever....that can not be justice.
1 Answer from Attorneys
you seem to have left out a considerable detail. She is your ex? Does that mean you were partners of a civil union marriage? As to the attorney you hired - file a complaint with the Florida Bar and have them investigate - they may be able to help in voiding any orders that were in place thereby allowing you a chance to appeal this case properly.
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