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My lawyer was incorrect about an adoption statute
Anonymous5 views3 answers
My husband and I are trying to adopt our unborn niece from my teenage sister(at her request). It's a pretty straight forward familial adoption. We went to speak with a lawyer. She told us that we would need a homestudy from a social worker. We applied for the home study and have spent weeks and thousands working on it. Today our social worker called to tell me she had looked up the statutes to double check - and in Florida you dont even need a homestudy if the petitioner is a relative. I spent $6000 retaining this lawyer who obviously have me poor guidance. I've called her twice and left messages about this and she hasn't called back. I am livid. What do I do next?
The social worker is correct. You do not need a home study for a relative adoption. I can't speak as to the fees, that's in the discretion of the attorney. I would suggest scheduling an office conference with your attorney to discuss this further. This can be done without speaking directly to the attorney on the phone since usually the office staff can and will set the appointment.
Section 63.092 of the Florida Statutes is very clear about home study requirements. If the lawyer doesn't respond to your calls, you can solicit the help of the Florida Bar.
There are several routes that you can take. Immediately, hires an attorney with adoption experience. If the proceeding has already been filed, the new attorney can substitute for the first. If nothing has been filed, you can start right. Next, if the first attorney will not respond to you, file a lawsuit asking for sanctions under s63.039 Fla. Stat. You have other causes of action as well. If the facts are egregious enough, the attorney can be sanctioned by the Court, the Florida Bar, and be subject to criminal prosecution.
There are many good adoption attorneys out there. There are a few that are either incompetent or criminal. They should be removed.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory
