Legal Question in Family Law in Florida

Request for Documents/Adoption

If this occurred in Texas and that attorney worked for you, then the file belongs to you.The attorney must give you the file and he/shecan make a copy at their expense, not yours.The attorney cannot give you privileged documentsthat he/she does not have. Some documents ofthis nature have been ordered sealed by thecourt.

Return of Documents

This question was referred to me, and although an out of State matter, I will give you some general suggestions, but not legal advice. These suggestions are based upon California law, although it is my understanding that this is a Florida matter. Had this happened in California, you would be entitled to the contents of your file. The documents you have requested may be public record documents. If the courthouse is geographically accessible to you, you might want to go there and look at the court file. Frequently, documents relating to adoption proceedings are sealed by the court, which presents other possible problems. You did right by sending the request for the information to the attorney via Certified Mail, Return Receipt Requested. This will provide documentation of the attempts to secure your file. 17 years is a long time. Your former attorney may have placed the file in storage or for reasons and circumstance unknown may not have the file in their possession. This may be the reason behind the avoidance. This is not to justify their conduct, just a possible explanation. You might try another call or letter to the attorney's office, as well as a call to the Social Services Agency (assuming one was involved--I believe this would be the case in all states). Absent this, you should contact another local attorney in the State of the Adoption and try to get some local help.

Attys.' Release of Adoption Docs.

You may not be able to force the atty. to give you copies. Fla. adoption proceedings are confidential and sealed files. Until recently, no information was to be released to anyone. Additionally, Attys. in Fla. are only required to keep files for 6 yrs. Original docs. are to be returned to clients and files may then be destroyed.You need to have the adoptee join in the request with all affected parties including the biological parents. At the time of the adoption you should have recieved necessary bio. info. on the birth parents.Any file still kept by the atty. belongs to the atty. You paid for the original that was filed with the court. You certainly should offer to pay for retrieval of any file from storage and for any copies.Make an appointment and pay to meet with the atty. to discuss your options.

Adoption Documents

Your inability to obtain documents from the attorney may not be his or her fault. Although pleadings are generally public information, there are some types of cases, such as adoptions, in which the court records are sealed. If adoption papers in your jurisdiction are sealed either by operation of law or by specific order of the court, then your attorney will not be able to release them absent a court order, which generally must be for good cause shown. I do not practice law in your jurisdiction and do not know the specific requirements of your state code on this matter.