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Can my husband and I sue my child's father for slander and defamation?

Bronx, NY |

I am involved in an ongoing custody case with my son's father. In an attempt to win said case he contacted ACS twice and made false statements. Both cases were unfounded but ACS is refusing to expunge one case because of the accusations that were made. I now have to attend a hearing in March 2010 to clear my name. I am a nursing student and this will stay in their register and destroy my reputation. He told ACS that my husband and I were on drugs, and that I hit my son with a belt and threatened to send him away to keep him from seeing his father. I have an order of protection against him and he did this while the order was already in effect. Do I have a case?

Attorney Answers 1

Posted

Although it seems nutty, I know, the answer is that a false report to ACS is not slander and/or defamation. Such reports are privileged, even if false.

However, you may wish to contact the District Attorney's office to inquire as to criminal charges for filing a false complaint.

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