Legal Question in Family Law in Texas

My husband adopted my son this year. The adoption was granted and the judge signed off on the adoption in August. Our lawyer sent us a certified copy of this by mail and I immediately noticed that my child's name and date of birth were wrong on the documents so I called our lawyer, who always seems bothered by our questions and notified him.

He asked that we fax the paperwork over to him and said he would take care of it. It is now three months later. We've called and just always seem to get the runaround from him and his partner who took over the case somewhere in the middle of all of this.

The latest story is that their request to the court for the changes has been lost! Does this sound unreal to anyone but me?

I called the court myself and the clerk notified me that since the judge signed off on it in August nothing else has been done, meaning no request for the amendment. My son would like to use his father's name but without this documentation the school can't really do anything about it.

We are now wondering if we should seek another lawyer do finish the job or just keep waiting?


Asked on 10/29/09, 2:13 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Your lawyer is a jerk.

What you need is an ORDER NUNC PRO TUNC. It's a simple matter of submitting an order that shows the correct information, but is "nunc pro tunc" ("now for then").

Consider sending your CURRENT lawyer a certified letter (do NOT use a telephone). Spend the $5.54 on postage; it's worth it. He might ignore phone calls, but he won't ignore a certified letter. Demand that he fix his screwup.

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Answered on 11/03/09, 3:46 pm


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