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My ex daughter-in-law is requesting me to pay money to her…

My ex daughter-in-law is...

My ex daughter-in-law is requesting me to pay money to her in order to see my grandson.

Lawyer's Assistant: Family law varies by state. What state are you in?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, but I inquired about adoption and DCFS is involved.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to file action in civil court for her extortion, can I do this?

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Answered in 9 minutes by:
9/18/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,753
Experience: Knowledgeable in all aspects related to family law matters.
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Customer reply replied 1 year ago
My son is deceased, and my family and I had been having regular visits until yesterday when she sent a text saying I have to give her money if I want to see him.

Thank you for your patience. I understand your question clearly. Your answer is below.

Please keep in mind that I am here only to provide general information. I do not make any decisions on your case, nor do I have any control over it. So please do not hold against me an outcome that you did not want or expect. I am just a messenger.

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QUESTION: I want to file an action in civil court for her extortion, can I do this?

ANSWER: Unfortunately, no. An action for intimidation or extortion is a criminal offense, not a civil offense. So the state files charges for extortion if it feels there is a case to be made. Also, extortion would be where someone threatens you to obtain something or cause you to perform or omit to perform an act.

In this case, as a grandparent, you are not being forced to perform or omit to perform something by paying her. So I do not think there is a case for extortion to be made.

I think the best thing you can do is to file a petition with the family court for visitation, under Illinois' Grandparent Visitation law (750 ILCS 5/602.9). If the court finds for you, then she is forced to allow for visitation.

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Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,753
Experience: Knowledgeable in all aspects related to family law matters.
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