Legal Question in Civil Litigation in Georgia

my husband and I reside in georgia and my step children reside in florida. do to circumstances we were trying to gain custody of the 3 children. we were told we had to hire an attorney in florida. we did this. during the course of us sending money the attorney transitioned offices and merged with other leagal counsel three times. his paralegal who was familiar with the case left his organization. he sent no forwarding address or email or phone number. my step children are here with us now and the situation has become worse. i have just tracked this attorney down and sent him an email what legal actions can be done against the attorney for abandonement?

Asked on 6/21/10, 8:59 am

2 Answers from Attorneys

Rachel Hunter

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There is no such thing. While I may take issue with how the lawyer communicated with you, there is no excuse. You can always find a lawyer by contacting the state bar - you could have tracked this guy down. Has this attorney done any work on your case? If not, request a refund of your money, but check your fee agreement with the attorney first. If the attorney wants to retain any portion of your funds, ask for an itemized bill. If you and the attorney dispute this, most state bars have a fee dispute resolution program. Contact the Florida Bar to see about this. You can also complain to the bar about the attorney, but do this only as a last resort.

Getting back to the custody problem - you mention that the children are with you. I cannot talk to you about this problem, as this is your husband's matter.. However, if there are no prior custody orders AND the children have lived with your husband for at least 6 months, then he can now file his request in Georgia for custody. Does the mother of the children live in Florida? If there are prior custody orders and no one lives in Florida any longer, the prior order can be registered and enforced in Georgia. It can also be modified. Speak to a family attorney familiar with Georgia's Uniform Child Custody act about this. If the mother is still in Florida and there are prior custody orders or if the children have been here less than 6 months, then your husband will have to find a new attorney in Florida.

Answered on 6/21/10, 1:46 pm

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