Florida Juvenile Procedure Rule 8.9831 - MOTION CLAIMING INEFFECTIVE ASSISTANCE | Syfert Law

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Florida Juvenile Procedure Rule 8.9831

FORM 8.9831. MOTION CLAIMING INEFFECTIVE ASSISTANCE
OF COUNSEL AFTER ORDER TERMINATING
PARENTAL RIGHTS

MOTION CLAIMING INEFFECTIVE ASSISTANCE OF COUNSEL
AFTER ORDER TERMINATING PARENTAL RIGHTS
Moving parent, .....(name)....., .....(address)....., .....(e-mail
address)....., .....(phone number)....., requests this court to vacate
the order terminating parental rights pursuant to Florida Rule of
Juvenile Procedure 8.530.

1. I was the parent of .....(name(s) of child(ren))..... at the
time the court entered an order terminating my parental rights on
.....(date)..... in .....(case number and case name)......

2. My attorney failed to provide me with reasonable,
professional assistance by doing or not doing the following actions
during the termination of parental rights proceedings: (use
whatever space is necessary to explain your claims)




Comment: The phrase “termination of parental rights
proceedings” is not limited to the termination of parental rights
trial.

3. My attorney’s actions or inactions prejudiced my case to
such an extent that my parental rights would not have been
terminated because: (use whatever space is necessary to explain
your claims)
WHEREFORE, I request that the court enter an order granting
this motion, vacating the order terminating parental rights, and
providing any other relief the court deems proper.

I understand that I am swearing or affirming under oath to the
truthfulness of the claims made in this verified motion and that
punishment for knowingly making a false statement includes fines
and/or imprisonment.



(Your signature)

I certify that a copy of this document was .....(mailed, faxed
and mailed, hand delivered, or e-mailed)..... to the person(s) listed
below on .....(date)..... or was not delivered to the person(s) listed
below because ...........

List each party or the party’s attorney who you served:


Name: ..........
Address: ..........
Telephone Number: ..........
Fax Number: ..........
E-mail Address: ..........


(Your signature)
Link to Florida Bar Official Rule 8.9831