How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I had a Encounter with a young woman 17 yrs ago a child came out of it but I and my

Customer Question

I had a sexual Encounter with a young woman 17 yrs ago a child came out of it but I and my wife have had guardianship except for the last 2yrs when the children were abducted with our knowledge who says that if I don't pay her $700.00 a month or she is going to tell my wife and call my job is this blackmail and what can I do
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
I am sorry to hear of this matter.
Please clarify for me
1- Your wife already knows of the child?
2 - Did you report the kidnapping or when the child first went missing?
3 - Do you know who is making the threats for payment?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Samuel II replied 1 year ago.
HelloIf you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.
Customer: replied 1 year ago.
I never got my reply to my questions
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I cannot give you accurate information unless you clarify the following for me. This is not an answer, but an information request. Once you provide that I can continue. And If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here. Thank you Please clarify for me 1- Your wife already knows of the child? 2 - Did you report the kidnapping or when the child first went missing? 3 - Do you know who is making the threats for payment?
Customer: replied 1 year ago.
Yes my wife knows now
Yes we resently did a report the local police said it was not their jurisdiction at first
And the person who did it is our daughter
Expert:  Samuel II replied 1 year ago.
Hello Thank you. Yes, this is blackmail and I suggest that you can file criminal charges for her behavior or you can file a lawsuit for trying to inflict intentional emotional distress onto you. There would have to be a proceeding for a paternity test to prove the child is yours before she can collect child support. But as I understand from your facts, you were concerned about her blackmailing you. And so if your wife now knows about the child, that is really moot. But you can sue her, as I stated and you are not responsible for child support until a DNA paternity test is complete establishing you as the bio Father.Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
Customer: replied 1 year ago.
That encounter was almost 17 ys ago what is the statute for that in California
Expert:  Samuel II replied 1 year ago.
Yes, I understand that. And so they still can petition for a paternity test. Given the fact that the child is about age of emancipation, I suggest a court may not even agree that a test is appropriate. And I suggest, that should a test come back positive, the Mother could not seek back support because you never were advised of the child, and the Mother never took steps to establish paternity.
Customer: replied 1 year ago.
What about any criminal statues
Expert:  Samuel II replied 1 year ago.
Criminal statutes on the blackmail?
Expert:  Samuel II replied 1 year ago.
That was a recent threat, correct?
Expert:  Samuel II replied 1 year ago.
Or was she under age of consent when you had sex? Is she threatening to have your charged with a sex offence? How old was she? How old were you at the time?
Customer: replied 1 year ago.
Yes she is threatening that's why I want to know the statue for 17 ys
Customer: replied 1 year ago.
Did u get that last question
Expert:  Samuel II replied 1 year ago.
Thank you. I suggest that under the Illinois Statute of Limitations, she cannot bring sexual offense charges against you, unless it is for Rape. And even then she would have had to report it to the police, and DNA samples taken at the time otherwise there is no proof that she even had a sexual encounter or with whom
Expert:  Samuel II replied 1 year ago.
And under the SOL unless it is a Rape claim, the charges must be filed within 10 years of the alleged "assault"
Expert:  Samuel II replied 1 year ago.
Therefore, I suggest that she would not have a valid claim to have any sexual offense charges filed against you.
Customer: replied 1 year ago.
Well it's been 15 to 17 ys and she is in California can u still answer
Expert:  Samuel II replied 1 year ago.
HelloYes. The incident happened in CA? Or Illinois, please?
Expert:  Samuel II replied 1 year ago.
The statute of limitations depend on where the alleged incident happened. Not where the "victim" now lives. So was it in CA or Illinois?
Customer: replied 1 year ago.
California
Expert:  Samuel II replied 1 year ago.
Ok. Thank you. The same SOL applies it she says it was Rape. But she would have to have reported it when it happened for DNA evidence. Additionally, under 18 may be commenced any time prior to the victim's 28th birthday, or within 10 years after commission of the offense under certain conditions and that would be up to the District Attorney to ascertain.
Expert:  Samuel II replied 1 year ago.
The bot***** *****ne is she can claim an assault or rape, and they can order DNA testing on the child and you to decide if they want to proceed with any type of "rape" charges.