Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-03-2009, 08:25 PM
Junior Member
 
Join Date: Nov 2009
Posts: 1

How do you sue an ex for slander?




OK, I need some help here. I want to sue my ex because he has tried to take my daughter away from me. We just got done with court a couple of weeks ago and he has totally given me a bad name. I am sick of it and want him to pay. I had to hire an attorney which now I'm out 2,500. He first filed for full custody then withdrew and filed for "parenting time change" after he found out he wouldn't win custody. No I'm out of money. He talks trash about me to everyone and any one. I just want my money back and for him to leave me alone. He is such a bully and every thing has to be his way. For once I would like to show him that it doesn't happen "his way".What is the name of your state (only U.S. law)?
  #2  
Old 11-03-2009, 08:29 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,584
Quote:
Originally Posted by melmarie80 View Post

OK, I need some help here. I want to sue my ex because he has tried to take my daughter away from me. We just got done with court a couple of weeks ago and he has totally given me a bad name. I am sick of it and want him to pay. I had to hire an attorney which now I'm out 2,500. He first filed for full custody then withdrew and filed for "parenting time change" after he found out he wouldn't win custody. No I'm out of money. He talks trash about me to everyone and any one. I just want my money back and for him to leave me alone. He is such a bully and every thing has to be his way. For once I would like to show him that it doesn't happen "his way".What is the name of your state (only U.S. law)?
if dad was filing maliciously with the court, then you should have requested attorney's fees to be paid at the time of the hearing.

prove he talks trash about you. how has it affected you financially? lost your job? place of residence?


you have custody. he didn't get his way. and you have a child/ren together. you're stuck with him. for life.
  #3  
Old 11-03-2009, 08:33 PM
Member
 
Join Date: Jan 2003
Location: Pennsylvania
Posts: 692
What state is your residency? What has this slander cost you in the way of wages, your community reputation? You'll need to be specific and have evidence that this created hardships. (Not just hurt feelings). What has your lawyer stated in going the defamation route?
__________________
I haven't committed a crime. What I did was fail to comply with the law. -David Dinkins
  #4  
Old 11-03-2009, 09:48 PM
Senior Member
 
Join Date: Mar 2008
Posts: 3,990
Quote:
Originally Posted by melmarie80 View Post

OK, I need some help here. I want to sue my ex because he has tried to take my daughter away from me. We just got done with court a couple of weeks ago and he has totally given me a bad name. I am sick of it and want him to pay. I had to hire an attorney which now I'm out 2,500. He first filed for full custody then withdrew and filed for "parenting time change" after he found out he wouldn't win custody. No I'm out of money. He talks trash about me to everyone and any one. I just want my money back and for him to leave me alone. He is such a bully and every thing has to be his way. For once I would like to show him that it doesn't happen "his way".What is the name of your state (only U.S. law)?
You need to start by understanding that there's a huge difference between 'badmouthing an ex-wife' and legally actionable slander. What specifically did he say about you? Did he know it was false? Who did he say it to? What proof do you have? And, as you've been asked, what harm have you incurred - and can you prove it?

His taking you to court for custody and later going for a parenting time change is not actionable. He has the legal right to ask for custody and/or a change in parenting time. While it's unfortunate that you had to spend money, that's not grounds for suing him. If you could prove it was truly malicious and frivolous, you MIGHT be able to recover your legal expenses, but it would undoubtedly cost you much more than it's worth.

99% probability that there's no grounds for a suit and you're better off laughing his comments off.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:33 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.