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

Asked about 1 year ago - 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)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

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

  2. Kathryn Mary Holton

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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.

  3. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.... more

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Personal injury and libel

Libel is the written or visual defamation of another person’s character. False statements can damage someone’s reputation, so it is a type of personal injury.

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