What are the penalties for forgery in an adoption predeeding

[bluhaven]

What is the name of your state (only U.S. law)? Virginia, though the adoption happened in Hawaii.

My wife and I are getting ready to be in the middle of a messy divorce, and it was recently brought to light that she adopted my son from a previous marriage. The problem with that is, I never knew about the adoption, nor did I consent to it. I am a member of the military and was deployed to Iraq at the time of the adoption. Instead my wife forged my signature on the consent documents and had a family member who is also a notary public certify the signature. My question is what are the penalties for both my wife and the notary for the forgery? How do I go about prosecuting this case and where would it have to be prosecuted?

 

[LillianX]

Were you deployed in Iraq at the time the document was signed? What about court? There are multiple court hearings involved when a step-parent adoption happens. What about the child's mother? Did she sign the paperwork?

I find it very hard to believe that a judge signed off on the adoption without you present. Actually, I find it impossible to believe.

Either you and your wife are mistaken, and she just has a paper she signed and forged your name on SAYING there could be an adoption, but no adoption actually happened, or you're forgetting the court hearing you attended.

 

[bluhaven]

Were you deployed in Iraq at the time the document was signed? What about court? There are multiple court hearings involved when a step-parent adoption happens. What about the child's mother? Did she sign the paperwork?

I find it very hard to believe that a judge signed off on the adoption without you present. Actually, I find it impossible to believe.

Either you and your wife are mistaken, and she just has a paper she signed and forged your name on SAYING there could be an adoption, but no adoption actually happened, or you're forgetting the court hearing you attended.

I was deployed to Iraq when the document was signed and I can produce orders and witnesses attesting to the fact. The child's natural mother consented to the adoption on the precepts that she was being told this was what I wanted. Her portion of the consent was signed and notarized in Texas.

The forms that were "signed" on my behalf were a consent to adoption and a waiver of the Soldier's and Sailor's Relief Act, allowing the adoption hearing to proceed in my absence. I have since had copies of the adoption sent to me from Hawaii, and have copies of the decree and my "consent." The signature is clearly not mine, and the notarization took place in Maryland where my wife and her family are from.

 

[LillianX]

If what you're saying is true, I'm going admit that this one is completely over my head, and step back, and add in a "Holy crap. This is a very, very big deal."

 

[LdiJ]

If what you're saying is true, I'm going admit that this one is completely over my head, and step back, and add in a "Holy crap. This is a very, very big deal."

I agree. This is way beyond the scope of an internet message forum. You need an attorney, and it may need to be an attorney that specializes in adoptions.

This could be enormously traumatic for your child as well. Particularly if you have often been deployed and she has been the primary parent figure to the child.

And what happens then? Does that reinstate the biological mother's rights? Do you want that to happen?

The whole thing makes me shudder.

 

[Ohiogal]

I was deployed to Iraq when the document was signed and I can produce orders and witnesses attesting to the fact. The child's natural mother consented to the adoption on the precepts that she was being told this was what I wanted. Her portion of the consent was signed and notarized in Texas.

The forms that were "signed" on my behalf were a consent to adoption and a waiver of the Soldier's and Sailor's Relief Act, allowing the adoption hearing to proceed in my absence. I have since had copies of the adoption sent to me from Hawaii, and have copies of the decree and my "consent." The signature is clearly not mine, and the notarization took place in Maryland where my wife and her family are from.

You need to file a criminal complaint against your wife AND the notary public. You can also file to have the adoption overturned due to the fraud.
Consult an attorney at once.

 

[bluhaven]

Please understand that I am not considering this out of spite. If it were just the fact we were divorcing I would have no problem letting the adoption stand and going about life as normal. However, because of the fact that she is attempting to gain sole custody based on the fraudulent adoption I am being forced to act. She merely sees dollar signs at this point, telling me that I will be a good "cash cow." She's telling my son that I don't care about him and that is why I am gone all the time. Not the case. This is just my job.

When I go to file criminal charges where do I have to file them? Do I file in Virginia, Maryland, or Hawaii? I understand this case goes way past the scope of an internet forum, but I want to be a bit educated when I go to talk to an attorney. Despite all the stereotypes, some of us in uniform actually have a brain. LOL.

 

[Proserpina]

Please understand that I am not considering this out of spite. If it were just the fact we were divorcing I would have no problem letting the adoption stand and going about life as normal. However, because of the fact that she is attempting to gain sole custody based on the fraudulent adoption I am being forced to act. She merely sees dollar signs at this point, telling me that I will be a good "cash cow." She's telling my son that I don't care about him and that is why I am gone all the time. Not the case. This is just my job.

When I go to file criminal charges where do I have to file them? Do I file in Virginia, Maryland, or Hawaii? I understand this case goes way past the scope of an internet forum, but I want to be a bit educated when I go to talk to an attorney. Despite all the stereotypes, some of us in uniform actually have a brain. LOL.

What do you want to happen? Do you want the adoption to be overturned?

(Thank you for your service, by the way )

 

[Silverplum]

...I want to be a bit educated when I go to talk to an attorney. Despite all the stereotypes, some of us in uniform actually have a brain. LOL.

Honey, every male in my family has served -- I KNOW that MANY of y'all are VERY smart. And by wanting to be educated, you've shown that you are smart, too.

As Proserpina already stated, thank you for your service to our country.

 

[LillianX]

Talk to legal services on your base. They'll eat this one right up. This is SERIOUS BUSINESS. Messing around with the custody of your kid while you're deployed? Wow. Just wow.

 

[prclose]

It happened to me too....

I really hope this thread is still active! I have finally found someone with a similar problem. While I was deployed to Iraq, my ex-wife forged adoption papers making me the legal father of her son. I discovered this when we divorced and I was ordered to pay child support on this child.

Luckily, I was able to have the adoption nullified after hiring an attorney and presenting a substantial amount of evidence.

I then contacted the prosecutor's office for the same county this occurred in. She told me she would not touch the case because I was only doing it out of spite.
I am currently in the process of contacting the Dept. of Justice to see if they can investigate this issue.

I have a feeling that many Service Members are experiencing similar travesties while they are (or were) deployed. The SSRA is not being enforced by the legal system and something needs to be done about it!!!

 

[prclose]

Talk to legal services on your base. They'll eat this one right up. This is SERIOUS BUSINESS. Messing around with the custody of your kid while you're deployed? Wow. Just wow.

In my situation, JAG would not do anything. They told me that it was a matter of the "local" courts in which the papers were signed by the judge.
The notary was a U.S. Army Major, whom was the rear-detachment commander at the time. I would think the military would at least hold him accountable, but that was not the case.

 

[stealth2]

I really hope this thread is still active!

It's nearly a year old, so not likely. What you have done is known as necroposting and is frowned upon.