Legal Question in Family Law in California
Supportive Wife
Friend had an affair resulting in pregancy of other women, other than his wife. She continually harrasses him and his wife even though he made it very clear he wanted nothing to do with her. Was her discission to go thru with pregnancy. Initially stated wanted no money but now makes harrasing statements to him and wife, tries blackmail. Says she will file paternity suit against ''both''. How far can she go and can friends wife file harrasement claim against her. Do not live in the same state as her, neither is husband a US citizen and will no longer be living in US shortly.
2 Answers from Attorneys
Re: Supportive Wife
Dear Inquirer:
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NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however I would say the following:
I assume you mean "woman," singular, not "women," plural.
It doesn't make any difference that it was her decision to go through with the pregnancy. It's the woman's decision to make.
I think you mean extortion rather than blackmail, both of which are illegal and could result in criminal charges.
Your "friend" is financially responsible for the child he fathered regardless where your friend lives. He can run but he can not hide.
Any paternity suit would be against your friend only, not his wife. However, if his wife works and her income is considered community property (in their state) it could be taken for child support.
In California, anyone with proper grounds can file a civil harassment suit and obtain restraining orders.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Supportive Wife
from the facts given, your husband would be liable for child support if he fathered this child. it would be the woman's decision to make alone whether or not she continues or terminates her pregnancy. however, she may not make extortion threats or harass you at home (invasion of privacy issues). therefore, you may want to contact an attorney to write a letter in your behalf and/or negotiate with her regarding this matter. hope this helps. if you would like further assistance, contact me today.
562-743-1357.