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Can I sue the ex gf ("baby mama") for slander and/or defamation of character?

Los Angeles, CA |

My fiancé has been locked in a custody battle for a year and a half with his ex gf. She lies in court and drags this out in a vain effort to get my fiancé and me out of their 2 1/2 year old's life. She told a solutions focused evaluator that I am a drug addict and a danger to their son and it resulted in a temporary restriction being placed on me where I am nut allowed to be present during visitations or exchanges. they are absolute lies and it's caused me a lot of heartache not being allowed to be a part of my future stepson's life. My fiancé is taking her back to court in a few weeks. I turned in a 3rd party declaration where I state that her allegations are false and I offer evidence that proves I'm no danger to any child (I work at a private school). Can I sue her if she keeps lying?

Attorney Answers 4

Posted

Things said in court are not subject to a defamation lawsuit.

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Posted

Maybe have your fiance look over California Family Code 3027.1 if she has made false accusations about abuse / neglect.

Asker

Posted

Thank you, anonymous :) I'm going to look over that right now.

Posted

Doesn't look like you have a case based on those facts.

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Posted

Thank you for answering. I know this seems like a typical urban catfight, but I don't know what to do about this woman bad mouthing me. She wants this restriction kept on me and tt is final. But this is my future stepson, ; can something this ridiculous stick when they go in front if the judge again?

Posted

Statements made by a litigant in the context of the litigation are "privileged" communications and can not be used against the litigant as the basis for a defamation lawsuit or other type of lawsuit. You would also subject yourself to a potential Anti-SLAPP Motion to dismiss your complaint an if won, then you would have exposure to pay for the attorney fees of the other party in defending the lawsuit you filed. In sum, based on the facts you have given, you do not have a viable action against the person telling the lies and you could end up with a judgment for substantial attorney fees against you if you do file.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

She also posted things about me on her Facebook (yes, I know, it's a very childish bit of drama), saying that I have mental problems and the stand by "a drug addict wh*re" whom she will never let around her son. Does any of this count for something? It's not my case, I feel like I can't even defend myself. My fiancé has defended me and I have my own 3rd party declaration with true facts turned in. Is that enough?

Posted

No, likely not. But you can continue to be a good influence in this little child's life, by (1) giving him plenty of love, and (2) NEVER trashing or undermining his mother. You, and your relationship with the child, will very likely suffer.

Professional Rules of Ethics require me to advise you that this is an offer of possible representation.

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