This happened in Michigan. I went to court vs my daughter's mother to get make-up parenting time. She has kept her from me 7 different weeks (it took them a while to get me to court). Her first excuse for taking my time away was "she should be with her mother." After the judge dismissed that she told her she would give her another chance and if she came back she would put her in jail. She then proceeded to get emotional and talk about how i am an abusive father. the judge asked if she had gone to CPS (child protective services) about this and she stated yes. They have no case on me though and i have talked to them myself. She then talked about how the CPS hadn't done "for her" what they should have. The judge told her "then you have to follow the order." she continued again more elevated then before and the judge told her those where accusations and she would throw her in jail if she continued to talk.
2006-07-03 04:16:34 · 5 answers · asked by James B 1 in Politics & Government ➔ Law & Ethics
I am going to agree with chslaw on this one. However, I would argue that even if she does say things like that outside of the courtroom (thus making them potentially defamatory) I would not consider pursuing a case against her for a number of reasons:
1) The family law judge is already on your side. You can see that from the fact that the judge gives little credence to your ex's histrionics. Your job right now is to play this clean. You are as innocent as an alter boy. You start suing her in civil court and it might make you look bad.
2) Your odds of finding an attorney to take a defamation case on contingency in this case is slim unless your ex is independently wealthy. If not, you're going to have spend your own money to litigate the claim. With attorneys' fees, you're looking at $20,000 to $100,000 easy.
3) You are already going through an incredibly emotional event -- custody dispute over your daughter. Litigation of any kind is horrific. It is the most taxing thing just about anyone can do in their lifetime. It drains your emotions and your wallet. I always advise clients to avoid it unless it is necessary.
4) Whether you like it or not, this woman is the mother of your child. For the sake of that child, you two are going to have to learn to get along. Coparenting is absurdly difficult but it is a skill that both of you need to learn. It sounds to me like the breakup was relatively recent. The pain and anguish is still fresh. Believe it or not, this will fade. At some point in time, you two may even learn to be civil to each other. For the sake of your daughter, you're both going to have to learn to act like adults. Sue her for defamation and you gaurantee that you two continue fighting like children for a long, long time. In the end, the person most severely damaged by that will be your daughter.
2006-07-03 05:27:47 · answer #1 · answered by Anonymous · 1⤊ 1⤋
In almost every state, litigants and their attorney's are protected from potentially defamatory statements made in court. It's called the "litigation privilege" and it is basically an off shoot for the First Amendment right to Freedom of Speech. The exact laws on this will vary from state to state, but chances are you cannot sue your daughter's mother for any of the statements she made in court.
If she made statements like that OUTSIDE of court, then you might have a claim. However, I am not licenses to practice law in Michigan and I do not know anything about the laws on defamation in that state. You should consult a local attorney rather than rely on any specific advice you in this forum.
2006-07-03 11:23:45 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
You did not state the age of the child in question. This would have a great bearing on any adjudication.
As for her behavior, she was clearly not represented and had taken legal advise from a poor lawyer. The tactics tried are reminisant of public stories bantered about as fact.
It is clear by your identifyer " My Daughters Mother" that there is obvious bitterness between the two of you. It is further obvious that both appear to want to inflict pain on eachother.
The needs of the child outweight ANYTHING thge Parents may require.
2006-07-03 11:35:52 · answer #3 · answered by KnightZone 3 · 0⤊ 0⤋
It seems like everything that should be done, is being done. Unfortunately mothers (for the sake of the children) have more many more rights than fathers.
Hang in there, play ball.
2006-07-03 11:21:13 · answer #4 · answered by cirestan 6 · 0⤊ 0⤋
Hang tough,your looking good.I did it in NY.full custody of my baby girl.Where they give custody to known prostitutes.
2006-07-05 01:28:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋