Legal Question in Family Law in Florida
ex giving up rights to his daughter
i am trying to find out if my attorney is really doing his job or not.i have been going through alot with my ex for the past 3 years and finally he wants to disolve the relationship between my daughter and himself. so i asked my attorney for a copy of the papers in which i was told i would be given a copy after the papers were signed by the judge. anyway i decided to go to the pasco county clerks office to see the file on there computer and it wasen't there. also i had a clerk look for it and they said last file was 2006. my question is don't you have to file the document in order to be seen by a judge. sorry but i am typing from my phone.
1 Answer from Attorneys
Re: ex giving up rights to his daughter
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unless Pasco County has gone paperless (which Miami-Dade County plans to do as of January 1, 2008, in the Family Division), there must be a file and copies of all pleadings contained therein. It is possible that if the order is waiting to be signed by the judge, the file may be at the judge's chambers in a stack to be signed together with the motion and order on it. Ask your attorney for a copy of whatever has been filed as of this date. If he/she refuses to provide it to you, remind them that you retained them to represent you. If you cannot get the cooperation you seek, you may need to seek additional resources including possible filing a complaint with the Florida Bar as a last resort.
Scott R. Jay, Esq.