Summary
The user, a resident of Florida, is dealing with a dependency case where her children were removed due to allegations of domestic violence. She claims to have signed her rights over under false pretenses and duress, and believes her civil rights were violated due to retaliation. She had legal representation during the trial but was dissatisfied with the service. She was informed about the possibility of filing a complaint against her attorney with the Florida Bar Association and the process of filing an appeal.Full Conversation
a dependency case
What state are you located in, ****? This will help me provide the most accurate information regarding dependency laws in your area.
Florida
What is the specific issue in your dependency case, ****?
In Florida, dependency cases often involve child welfare and are handled by the Department of Children and Families.
they took my children
Who took your children, ****? Was it the Department of Children and Families?
yes
What were the reasons given for the removal of your children?
In Florida, child removal can occur due to abuse, neglect, or abandonment.
they switched it up, they claim domestic violence
What evidence was presented to support the claim of domestic violence? In Florida, domestic violence can be a reason for child removal if it puts the child's safety at risk.
not a single bit
What steps have you taken so far in response to this situation?
ive done everything asked. Parenting, substance abuse, therapy and then some
What is the current status of your case?
I had to sign my rights over. But they had me sign under false pretenses.
What were the false pretenses under which you were made to sign your rights over?
they, stated I would be able to see my children. They lied, kept important information from me. I found out so much at trial and wasn’t able to defend myself properly.
What legal representation did you have during the trial?
In Florida, parents have the right to legal counsel in dependency cases. If you believe your rights were violated, you may appeal the decision.
I had a private attorney who was absolutely horrible. He called no witnesses when DCF employees wanted to be subpoenaed, but he didn’t subpoena any witnesses. He didn’t prove or show any evidence that I had proving all the lies and retaliation taken out on us.
Have you considered filing a complaint against your attorney for ineffective assistance of counsel?
In Florida, you can file a complaint with the Florida Bar Association if you believe your attorney did not adequately represent you.
I didn’t know I could
Yes, you can file a complaint against your attorney with the Florida Bar Association. Here's their contact: *-*-*, * E Jefferson St, Tallahassee, FL *.
thank you, how do I file a appeal? My civil rights were also violated being my kids got removed after my ex called the investigator out of her name
What specific civil rights do you believe were violated in your case? In Florida, to file an appeal, you must submit a Notice of Appeal to the clerk of the trial court within 30 days of the final order.
my children were removed due to retaliation. As well as false accusations being made against me.
What evidence do you have to support your claim of retaliation and false accusations?
it has been over 30 days because I didn’t know the law, but I signed it under duress and under false pretenses
What document did you sign under duress and false pretenses?
I signed the paperwork to surrender my rights under duress. And I have everything ready to show that my kids were taking due to retaliation
What evidence do you have to show that you signed the paperwork under duress and due to retaliation?
TRY ME!
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