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Can I sue my estranged wife for defamation of character, slander or libel?

Philadelphia, PA |

I am in process of a divorce and custody evaluation for my 1 year old baby. My wife and I no longer live together and she falsely accused that i make threats to kill her and her family and that I am physically and mentally abusing our baby. She has stated this in custody court hearings and told baby's doctor and child psychologist. When living together, we had both called the police once and they confirmed there was no evidence of abuse. The doctor has reported our baby is in good health. Is there anything I can do to object to these false claims so I can have a fair chance at 50% child custody? Wife is not from the U.S. and moved out (w/o notifying me) shortly after becoming U.S. citizen, 3 months after baby was born and soon after her parents moved in and received resident visa.

Attorney Answers 3

Posted

You really need to ask your Attorney but probably not, Courts are used to this mud slinging and rarely take it serious unless backed up with evidence. Its very typical of custody cases to make up false allegations.

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Posted

Another nasty divorce, when will they end. If the judge does not believe her it may work against her.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

Statements made in regards to a court proceeding are immune from defamation

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