How do you sue an ex for slander?

[melmarie80]

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)?

 

[Isis1]

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.

 

[Tayla]

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?

 

[mistoffolees]

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.