Legal Question in Family Law in Florida
sueing for taking a child
My wife was 16 and she was seduced and impregnated by an older man. He is apart of a wealthy and influencial family in s florida. They had to get married once he found out she was pregnant. The marriage didn't work. She left him with the baby she was now 18. They located her and had the baby taken from her arms never to be in her custody again. Her sister stepped in and starting caring for the child becuase the fathers family didn't want my wife to have the baby. The father wasn't capable to raise the child and his parents didn't want the burden. My wife didn't have the financial means to fight them in court and she was to nieve to undestand what to do. This has torn her up for the past 16 yrs and we belive that we should do somthing about it. The child is living with her sister and they claim to have my wif's best intrest at heart, we believe they are doing it looking for a pay off. Like I said this is an extremely wealthy family. The bottom line is, does she have a case to sue for wrongfully taking a child from it's mother and causing her years of pain and suffering. Only to be threatened that if she tried to fight for the child she would loose because she wouldn't have enough $$ to fight it in court.
1 Answer from Attorneys
Re: sueing for taking a child
I am assuming the child was residing with your wife's sister pursuant to a Court Order. If so, there is no ability to sue for wrongfully taking the child from the mother. The fundamental problem with your wife addressing the taking of the child is the amount of time which has passed. It will be difficult for a Court to address the issue of where the child should have stayed 15 years later when the child is almost an adult.