Legal Question in Civil Litigation in Georgia
I have a very strange dilemma I am facing, my wife and I have been married for 14 years the year we got married, her father for all intent and purpose took her first son and forced her to sign adoption papers( I was present when he told her"Just sign the God Damn papers!" I told her then she didn't have to and he replied that he had all the money he needed to make her life hell unless she did as he said. The adoption was carried out to fulfill a deal he had with another married woman not his wife to give her a son in return for becoming his wife. The adoption went through as planned and for the past 13 years the son has lived with his adoptive parents. During this time the boy has had a lot of disciplinary actions taken against him for various reasons, during these problems the boy pleaded to be returned to his mother. He was told that she didn't want any contact with him. They then in turn placed an order of restraint on my wife to keep her from making contact. She has done nothing to break the court orders, nor had she done anything to warrant the orders to begin with, her fear of her fathers actions kept her from taking any action for fear that they would further try to separate them. During the first 13 years of our marriage my wife was in a constant state of depression due to the lose of her son. The state that she remained in affected both our lives in almost every aspect, her depression and anger towards her father has bled over into out home lives causing arguments, and other forms of turmoil and mayhem.
Roughly six months ago the son returned to our home, upon his return we found many,many discrepancies in the stories we were told and what had really transpired during his absence. ....So my question I guess is....Do we have any sort of recourse or rights to recover anything from the people involved or possibly are there any criminal charges that could be filed this far after the fact. I honestly feel this action was no less than legal kidnapping, any information you could give me would be helpful
1 Answer from Attorneys
Since it's not your child you have no rights at all and never did.
As to your wife, the time to challenge most adoptions expires 10 days after consent. State law specifically bans any challenge to an adoption more than six months after filing. Given that statute, I can think of nothing you could file, and there are no exceptions written into the law.