Possible civil suit

[dipper]

Soc,
WE are in VA.  I have custody of 15 year old son.  BM is dating her second cousin and exposing my son to this relationship.  She has dated this man on and off for five years now.  I am against his exposure as she does overnights and son is not comfortable with this being her cousin.  

About two months ago, son brought home some games for her boyfriends home.  Last week, bm called demanding the games back.  Son is no longer seeing bm because of her trying to get his probation revoked with what we contend are lies.  

Last night, I took my son to her boyfriend's and had him return the games.  Within minutes of getting home she was calling.  She told me that her bf is holding me responsible for damage to the games, saying they were scratched and one is missing.

I told her I will not pay - she took son over there, it was her responsibility.  She said her boyfriend will not hold her responsible.  That if I do not pay $300 by next week, she and he are going to file against me in court.

I am figuring she is talking about a civil suit.  Soc, I didnt even want my son to go to this man's house.  She took him.  According to her, he is my son and I have custody so I am responsible.  

We have no proof that the games were returned in good condition.  They could scratch them now and blame son.  

I had told bm not to be taking son to that man's house.  She did so anyway.  This was during her visitation time.

I am afraid they are going to file charges on son.....but, I am thinking it is more likely they are seeking money from me.

Is her demanding I pay money by next week or they file charges considered extortion?


Would I be held solely responsible for actions that occurred during her parenting time?

[socrateaser]

>Is her demanding I pay money by next week or they file charges
>considered extortion?

Yes, threatening criminal charges in order to obtain a civil settlement where there is no certainty that you actually owe anything would be extortion, because you are being intimidated using a threat of force or fear to do something that you have no legal duty to do.

>Would I be held solely responsible for actions that occurred
>during her parenting time?

The issue is: how can they prove that the boy damaged the games? How can they prove that the games weren't loaned to your son.

It's their word against yours. They need something more or the case will go nowhere. If they file criminal charges, you can sue for malicious prosecution if it goes nowhere. I seriously doubt that the DA will prosecute this, even with the son's current record.

No promises though.