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    Momwquestions's Avatar
    Momwquestions Posts: 10, Reputation: 1
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    #21

    Jul 31, 2013, 08:59 AM
    Well the DA says we need to file it with the police and it will be up to them to decide if they send it to the DA. We are now in the process to get another attorney and will ask them if they think we should speak to the police and also have them take it to court.
    Momwquestions's Avatar
    Momwquestions Posts: 10, Reputation: 1
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    #22

    Jul 31, 2013, 09:01 AM
    And yes the DA did think it would only be a civil case. That is why they said to go to the police. But if the police thought it should be sent on then that's their call. I am not sure what the police can do with this but ask him to stop?!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #23

    Jul 31, 2013, 09:14 AM
    It's a crime in many States. Police don't ask people to stop. They charge them with a crime.

    Of course, if the Police won't cooperate...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #24

    Jul 31, 2013, 09:33 AM
    Quote Originally Posted by Momwquestions View Post
    And yes the DA did think it would only be a civil case.
    Extortion is a crime, I'm just not confident the police will see this as criminal extortion, but rather the jockeying that goes in a custody case.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #25

    Jul 31, 2013, 09:43 AM
    I'm really interested to see how this plays out -
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #26

    Aug 2, 2013, 03:59 PM
    Quote Originally Posted by ScottGem View Post
    Extortion is a crime, I'm just not confident the police will see this as criminal extortion, but rather the jockeying that goes in a custody case.
    I agree, police do not like to get involved in domestic disputes and usually say there is no crime until acted out beyond a seemingly idle threat,
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #27

    Aug 2, 2013, 04:12 PM
    Forget about trying to put your ex in jail because of what you think of as extortion.

    That is like if I were to agree not to go to Mars this year if you agree to pay me $100,000. It's impossible for me to go to Mars, so the offer is nonsense.

    Likewise, as others have told you, he cannot "sign over his rights" (absent adoption), so the "offer" is meaningless.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #28

    Aug 2, 2013, 05:57 PM
    "That is like if I were to agree not to go to Mars this year if you agree to pay me $100,000. It's impossible for me to go to Mars, so the offer is nonsense."

    - and it's impossible for the father to come up with the $100,000?

    What did I miss in the back and forth?

    I had a Police Officer tell me this is extortion. I will see if he can find the law.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #29

    Aug 3, 2013, 07:27 AM
    Did this question ever turn into a Friday night roundtable discussion. Attorneys believe it's child selling. Others believe it's a lot of talk.

    Arguments on both sides of the table from Police Officers.

    Everyone pretty much agreed it's not extorton.

    One of the best questions ever - but still don't have a conclusive answer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #30

    Aug 3, 2013, 08:04 AM
    Quote Originally Posted by JudyKayTee View Post
    ...I had a Police Officer tell me this is extortion. I will see if he can find the law.
    And he is under the impression that one can "sign away" parental rights too?

    Tell the officer to read the sticky.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #31

    Aug 3, 2013, 08:52 AM
    Quote Originally Posted by AK lawyer View Post
    And he is under the impression that one can "sign away" parental rights too?

    Tell the officer to read the sticky.
    In this case, because it's to clear the way for adoption, he could.

    Just not for money. As a birthparent, it was made perfectly clear to me that adoptive parents could pay for my expenses relating to the pregnancy and birth, and could pay my legal fees, but I could not profit from allowing my child to be adopted. Asking for money for myself was baby-selling, and I could spend time in prison for it.

    I'm betting this is how the whole "waive the back payment" thing works too.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #32

    Aug 3, 2013, 09:26 AM
    "And he is under the impression that one can "sign away" parental rights too?

    Tell the officer to read the sticky."

    No, he's under the impression that the question involves "signing away rights" to enable an adoption because it is my impression that that's what the OP is asking.

    You aren't under that same impression? You think it's about "signing off" and walking away, no adoption?

    And to add what Synnen has said - adoptive parents can also pay living expenses for the birth mother. That isn't child selling.

    And I bow to "Syn's" knowledge/expertise.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #33

    Aug 3, 2013, 10:40 AM
    Quote Originally Posted by Momwquestions View Post
    An adoption proceeding would take place. Now what?
    Sorry, forget what I wrote. I mis-read this passage from page 1 and thought an adoption was not in the works.

    And of course Synnen is correct. Repayment of expenses is not "child selling".

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