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

Compilation updated · Source captured 2026-10-10. Florida Bar compilation; later amendments may exist. A compilation update date is not the effective date of every rule.

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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.

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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: ..........

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(Your signature)

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