In 2009 after the biological father had not had any contact with our child for over a year, my husband and I filed for termination of his parental rights based on abandonment. We were unable to locate the biological father and the court approved notice of service by publication. This was done and the adoption was finalized. Four years later the biological father learned about the adoption. Two years later he filed an appeal to the adoption. He was unsuccessful and the adoption was upheld. Now he is saying the his Civil Rights were violated and he is threatening to file a Civil Rights lawsuit against me. He is also stating that he is going to file a fraud lawsuit also. What is the Federal statute of limitation on the Civil Rights Case and what is the AZ statute of limitation on the Civil Rights case? Also what are the statue of limitation for financial fraud?
There is no basis here for either a claim against you for a civil rights violation or for fraud. Either one should be easy to dispense with via a Motion to Dismiss, if either is actually filed. No attorney would bring either of those claims. There is no federal statute of limitations on civil rights cases, so they go by the state statute of limitations on personal injury cases, which in Arizona is two years. For fraud in Arizona it is three years.
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