Post divorce bitter custody dispute. He alleged I neglected the kids (which was never proven - he just owes $40k in child support and is trying to take the spotlight off himself). He however has multiple convictions for domestic violence and DUIs. CPS has recently been involved due to marks on my children after visitation with him. They allow this to wage on because I work as a legal escort. His attorney said this through email yesterday:
"Also, (ex-husband) told me that (ex-wife) has a new boyfriend (not true, just a friend) named Adam. They met online or he may have been a client. (We met at a football game 1/4/15 and he's been in my life around the kids).
Worse, she has brought him around the children...(so? He's my friend and support system).
AND, on the day before Easter (not the correct day), (ex-wife) let (Adam) take the 4 year old (son) to Indianapolis to (Adam's) sister's to spend the night!! (She has kids my son's age). He could have been a predator and killed this child. (Ex-wife) confirmed this happened and that she "trusts" him.
This Mother's instincts are appalling. She has to be out of her mind to expose her little boy to this potential."
You think another judgment and more litigation will be rewarding in some way? Can he pay if there is another judgment? Most of the what is posted seems to be opinion as well, "he could have been a predator" is an opinion. Confirm with local counsel.
You already have an attorney. Your attorney would advise you if a civil suit was an appropriate option. It most likely is not.
You cannot file a defamation suit based on that email. Defamation requires publication and subsequent damages (because the recipient believed it). Also, as others have pointed out, it requires factual statements, not opinion, and truth is a complete defense. Here, the email was sent to your lawyer who either knows it is false, (not believed) or knows it is true.
It's a bitter custody dispute. He is an abuser. Of course he will say stuff. He pieced this together from you or the kids to come up with it. So assuming you could file, assuming you got a judgment, he'd pay that along with the 40k.... The more that custody battles last the more they only hurt the kids.
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