Legal Question in Family Law in California

This does not answer your question, but you may want to look up the description of extortion under California Penal Code s. 518. I have a feeling this may come into play in the scenario you have presented.

Mr. Kane is off base. It is perfectly legal to offer not to cooperate in criminal proceedings as part of a civil settlement. Also, custody rights are not property, and the boy and his family are not public officials; so PC section 518 would not apply. It is a violation of professional ethics for an attorney to threaten criminal charges to obtain advantage in a civil proceeding, but nothing precludes a party from filing a legitimate criminal compliant and then offering to drop it or not to cooperate as part of a civil settlement. It would be a really bad idea, however, to try to keep criminal proceedings "in your back pocket," if for no other reason than you will find it hard to get a prosecutor to be very interested in prosecuting an old case, especially once it comes out that it is only being filed in connection with a custody dispute.

None of this, however, indicates you are paying ANY attention to the only really important person in all this - your grandchild. You should be grateful that the father of your grandchild wants to step up to the plate and be a responsible father. Your grandchild is going to need and want a good father in his or her life. Like it or not your family and his are now one extended family for your grandchild. You would do FAR better trying to work out a good parenting plan and building a good set of relationships for that baby to be raise in. If everyone looks at the best interests of the child, rather than treating the baby as some possession to be fought over, you all will be happier and the child will be saved a childhood full of pain and strife.