I am trying to get an attorney to represent me in Jacksonville, Florida. I was not contacted by anyone regarding my son being adopted until after the fact. The birthmom has lied constantly and I believe she was under duress when the adoption occurred. How can I get my baby back

This is part for the Florida State law regarding revocation of adoption:

Revocation of Consent
Citation: Ann. Stat. § 63.082
A consent to adoption executed by the mother within 48 hours of the child's birth is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.

When the minor to be adopted is older than age 6 months at the time of the execution of the consent, the consent to adoption is valid upon execution; however, it is subject to a 3-day revocation period or may be revoked at any time prior to the placement of the minor with the prospective adoptive parents, whichever is later.

Following the revocation period for withdrawal of consent or the placement of the child with the prospective adoptive parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress.

But it seemsthat only the mother can revocate, and only then in front of a judge.

You are saying that the mother passed her child over for adoption under duress, by duress by whom?

How long has it been since the adoption took place ? As you can see, revocation by the mother (if you can convince her) can take place within 48 hours.

Tick

Since the bio father has to be contacted to sign over his rights for an adoption, if you can prove that you are the bio father and that the mother of the child knew this, You may have some ability to do this.

But I will question it, on even moral grounds if the child has been with an adoptive family for a long period since a disruption of the life of the child may not be in the child's best interest.

Now since it is a open adoption, you may have right to prove yourself the father and be allowed contact within the open adoption

As noted, time is of the essence here. You need to file a motion to vacate the adoption ASAP. So find yourself an attorney immediately.

Did you do your homework?

Florida Statutes-CHAPTER 63-ADOPTION

63.032 Definitions.
(12) “Parent” means a woman who gives birth to a child or a man whose consent to the adoption of the child would be required under s. 63.062(1).
63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.
(1)b) The father of the minor, if:
3. The minor has been adjudicated by the court to be his child by the date a petition is filed for termination of parental rights;
4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) by the date a petition is filed for termination of parental rights; or
5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of subsection (2).
(2) In accordance with subsection (1), the consent of an unmarried biological father shall be necessary only if the unmarried biological father has complied with the requirements of this subsection.
(a)1. With regard to a child who is placed with adoptive parents more than 6 months after the child's birth, an unmarried biological father must have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child's future, and demonstrated a full commitment to the responsibilities of parenthood by providing financial support to the child in accordance with the unmarried biological father's ability, if not prevented from doing so by the person or authorized agency having lawful custody of the child, and either:
a. Regularly visited the child at least monthly, when physically and financially able to do so and when not prevented from doing so by the birth mother or the person or authorized agency having lawful custody of the child; or
b. Maintained regular communication with the child or with the person or agency having the care or custody of the child, when physically or financially unable to visit the child or when not prevented from doing so by the birth mother or person or authorized agency having lawful custody of the child.

3. An unmarried biological father who openly lived with the child for at least 6 months within the 1-year period following the birth of the child and immediately preceding placement of the child with adoptive parents and who openly held himself out to be the father of the child during that period shall be deemed to have developed a substantial relationship with the child and to have otherwise met the requirements of this paragraph.
(b) With regard to a child who is younger than 6 months of age at the time the child is placed with the adoptive parents, an unmarried biological father must have demonstrated a full commitment to his parental responsibility by having performed all of the following acts prior to the time the mother executes her consent for adoption:
1. Filed a notarized claim of paternity form with the Florida Putative Father Registry within the Office of Vital Statistics of the Department of Health, which form shall be maintained in the confidential registry established for that purpose and shall be considered filed when the notice is entered in the registry of notices from unmarried biological fathers.

Pursuant to chapter 48, an adoption entity shall serve a notice of intended adoption plan upon any known and locatable unmarried biological father who is identified to the adoption entity by the mother by the date she signs her consent for adoption or who is identified by a diligent search of the Florida Putative Father Registry, or upon an entity whose consent is required.

63.054 Actions required by an unmarried biological father to establish parental rights; Florida Putative Father Registry.—
(1) In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the “registrant,” file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law. The claim of paternity may be filed at any time before the child's birth, but may not be filed after the date a petition is filed for termination of parental rights.

2(c) An unmarried biological father who falls within the exception provided by paragraph (a) may not file a claim of paternity with the registry or a paternity claim under chapter 742 after the 30-day mandatory response date to the notice of intended adoption plan has expired. The Office of Vital Statistics may not record a claim of paternity 30 days after service of the notice of intended adoption plan.



Get a lawyer ASAP and discuss the problem.The time does matter!

What the law as GV cited is telling you is that you have a very limited time with very limited circumstances to overturn this adoption. If you didn't acknowledge the child and register your paternity, then you may be out of luck. Since we don't know all the circumstances we can't tell for sure which is why you need an attorney immediately.

You can contact the local bar association for recommendations.