Legal Question in Criminal Law in Ohio
Threats
My ex husband and I have shared parenting. After 2 years of divorce he has decided he wants our shared parenting plan changed. He has called my family members and told them that if I don't meet his demands he is going to sue me for full custody. Can he call and harass them and me? Is this considered blackmail?
2 Answers from Attorneys
Re: Threats
This is not really a criminal matter. There is nothing illegal, per se, based on what you've discussed. This is a family law issue.
Re: Threats
If your ex husband is threatening to go back to court to assert what he feels are his legitimate parental rights, you might consider this a form of "psychological blackmail," but it does not appear to meet the definition of criminal extortion under Kentucky law.
Whether or not his calls constitute unlawful harassment is problematic. Just because you or your family members feel "harassed" does not automatically mean he has violated Kentucky's harassing communication criminal stature. If he has a legitimate reason for informing you and your family of his legal intentions, he is probably not guilty of any crime.
Whether your shared parenting was the result of an agreement or order of the court, after 2 years the issue may be revisited by a court if there has been a material change of circumstance affecting the material or psychological welfare of the child or children. If he goes to court for full custody, the burden of proof would be on him to prove that the the present shared parenting is somehow harmful to the kids. Kentucky law presumes that joint custody is best for children, and most courts will not upset a shared parenting plan without overwhelming proof of harm or danger to the children.
Your ex husband is more than likely bluffing, and using this threat as a tool of manipulation.
You are best advised to explain this behavior to your lawyer, who can advise you of the best way to proceed. You may want to go back to court and ask the judge to restrain your ex from discussing these matters with your family members.
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