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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16154
Experience:  Licensed Texas General Practice Attorney
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My daughter stumbled upon a nude photo of her step mother.

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My daughter stumbled upon a nude photo of her step mother. My ex husband is threatening to take me back to custody court. If I told the step mother that Id give a lawyer a copy of her nude photo as evidence of why they are unfit parents, would that be considered blackmail by me?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

While I wouldn't necessarily say that I would "give" it to her lawyer, but rather potentially use it as evidence, that would not be blackmail. Blackmail is the extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information. Typically in a judicial proceeding, a threat to use some bit of evidence that one could otherwise use for a particular purpose would not be blackmaill

ScottyMacEsq :

*blackmail

ScottyMacEsq :

So in short, no, this would not be blackmail. Rather, it would be evidence to try to prove that they're unfit parents. You're not trying to extort money or anything of value from them, but rather show them that if they do something, trying to take you to court, then you're going to use that information in court against them.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

(one clarification: blackmail, aka "extortion", specifically assumes that money or something of value will be obtained... if you're trying to keep something from happening, that would not fit within the definition of blackmail)

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