My child's mother is very hateful and tries everything under the sun to keep me away from my yr old daughter , has falsely posted on face book that I am a child molester and that I had sex with her 16 yr old sister . Several people have seen the post and actually replied to it and I have saved a screen shot of it . This is a complete lie and I want to know if i can sue her ? Does anybody have any insight on what I should do ? Thanks ! I also have a separate case that i opened myself where i pay her child support , visitation , custody issues .
Best bet is to see if your divorce/family law attorney can contact her attorney, and resolve the issues to stop this.
I am sorry that you have to go through this. Defamation is defined as the publication of one or more false and unprivileged statements of fact to one or more third parties concerning an identifiable party, which harms that party's reputation. A statement can be defamatory per se, where its meaning is apparent on its face and there is no need to prove actual harm (injury to reputation is presumed). One example is stating that someone committed a criminal offense. Assigning a monetary figure to presumed damages (mental suffering, harm to personal and professional reputation as well as standing in the community, economic loss, and personal humiliation) can be very difficult; it tends to be an inexact and arbitrary process. Alternatively, the statement can be defamatory per quod; a plaintiff must plead and prove special damages to recover under that theory. Some defenses to a defamatory statement include truth, consent, innocent construction, absolute privilege (e.g., a statement made in a judicial or legislative proceeding, or the police), opinion, and various statutory privileges. This is an incredibly complex and fact-specific area of the law. You may want to sit down with an attorney and all relevant documentation to discuss. Assuming you have one or more claims, whether or not it makes sense to proceed, financially and otherwise, is a decision that will need to be made. Hope this helps. Good luck.
Robert T. Kuehl
Kuehl Law, P.C.