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?
Family Law Attorney
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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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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