My ex wife filed divorce on me (which I agreed to) and when it came to our child, she claimed that she marked joint custody of said child. I say claimed due to the fact that I am blind. I did not know that she had actually marked sole custody and decision making for herself, until the hearing. She moved to another state, shortly after the divorce and for the last three years now she has claimed that I sexually assaulted her and molested our now 6 year old daughter; who at the time of the divorce was only 3.
You should consult with a family law attorney who can explain all of your rights and chances for fixing this wrong.
You have a couple of options, but none are especially promising. First, you could file a petition in New Hampshire to set aside the divorce decree. However, because your child has not lived in New Hampshire for three years, New Hampshire may not have the ability to modify the custody situation. You could go to where ever the child is currently living and try to have your NH child custody order registered and modified. However, If your ex wife is accusing you of sexual assault on both her and the child, and you go into their home state, you could be subject to arrest if there is an active criminal proceeding against you. Suing her for defamation and slander is not very promising. All you would get are monetary damages which you would have to collect from her. If she has brought this matter to the attention of the local police, your lawsuit against her could look like witness intimidation. You really should retain an attorney.
Assuming the allegations of that crime to be false, you can sue her but know that unless she has the assets to pay a judgment and you are willing to pay an attorney to litigate you may be winning an empty victory. Best option may be to serve through counsel a cease and desist letter.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline