Court records show Marcus Fiesel's birth mother never intended to regain custody of the three year old boy.
Donna Trevino is now suing for five million dollars in a wrongful death suit.
Court records show lawyers knew Trevino wanted to give up custody of Marcus for good but filed the suit anyway.
Attorneys Jennifer Coatney and Kevin Hughes stand to make millions if the civil suit is successful.
Report: FOX19 News