Scituate, MA asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts

Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is evicted from home, daughter of felon and has a record herself, no job and no means to take care of baby.

In this case is the mother extorting the father by threatening property damage (Unfair treatment of child by not allowing care by father) or general force of father out of his right to parenting his child? Or is this completely legal and not extortion at all?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

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