My husband has sole temporary custody of his son. His ex wife has made defamatory allegations towards me in her affidavit and on a summary report. I have physical proof that shows these claims never happened. What are my rights if the case is filed just between him and her?
Knowingly making false statements under oath is crime but you may have a difficult time getting a prosecutor to prosecute it. You may also want to check with your husband's attorney before proceeding to make sure you don't complicate custody case. Best wishes.
Firstly, you should understand that you have no "standing"--right to be involved--in a custody matter between your husband and his ex. NONE. If you wish to pursue a defamation claim against the EX, I would suggest you wait until after the custody is settled, and bring it in a civil court away from the probate & family business.
Regarding your husband's custody matter: a temporary order is precisely that--temporary. Until an order is memorialized as a judgment its temporary and subject to review by a Court. The Ex is only exercising her rights to pursue the remedy she wants, namely to get custody. PS--custody is subject to review at any time while the child is a minor, so even assuming arguendo that your husband prevails now, revisiting the issue is not precluded.
The best way to deal with her "defamatory allegations" in the affidavit is to rebut her allegations and disprove them in court through evidence and testimony. This is best left to your husband's attorney who presumably understands the procedure for introducing evidence and responding to allegations. These are all points your husband's attorney should have been able to explain to your husband.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
I am sorry to hear about your situation. The specifics of your case can not be appropriately addressed in this public forum. Please consult an experienced attorney to review your documents and privately advise you on this matter. You can contact an attorney here through our Avvo profile or the Avvo directory. Best of luck!
Robert P. Waickowski, Esq.
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This is a matter that involves your husband and his former wife so you do not directly have involvement for filings of your own, but your husband can rebut misleading or deceptive information his former wife is presenting to the Court since you are in the household with the child now that he has temporary custody.
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