libel in California. causing me to lose custody dispute, dealing with sexual miscondu

[kernel530]

CA. My baby's mother's mother wrote a letter to the custody courts stating she witnessed me doing unspeakable things with my daughter. Published and filed in Dec 2015. Although claiming incident happened early the year before. (All of a sudden during custody preceedings over a year later) I am a good father, I work hard to give my daughter the life she deserves. I have my fair share of history with legal trouble. But I in no way will let this stand. I am now too depressed to do just about anything and feel that this lie told about me will take my child from me for good. I wish to file a lawsuit towards the mother for libel. As she maliciously made this statement to try and rid me of my parental rights. I WILL NOT STAND FOR THIS. WHAT CAN I DO? Please help.

 

[quincy]

CA. My baby's mother's mother wrote a letter to the custody courts stating she witnessed me doing unspeakable things with my daughter. Published and filed in Dec 2015. Although claiming incident happened early the year before. (All of a sudden during custody preceedings over a year later) I am a good father, I work hard to give my daughter the life she deserves. I have my fair share of history with legal trouble. But I in no way will let this stand. I am now too depressed to do just about anything and feel that this lie told about me will take my child from me for good. I wish to file a lawsuit towards the mother for libel. As she maliciously made this statement to try and rid me of my parental rights. I WILL NOT STAND FOR THIS. WHAT CAN I DO? Please help.

Court documents are absolutely privileged which means they cannot form the basis for a defamation claim.

The way you fight back against the lies told in court is to do so in court. I recommend you have a good family law attorney assisting you.

Good luck.

 

[kernel530]

thank you for the info.

What if a person filed a false police report about me resulting in my arrest. But the next day admitted why she did it over a recorded phone call through a county jail telephone, resulting in the charges being dropped? Because that was also done to me by my child's mother. This one person has caused me more pain and anguish then anyone else I've met in my life combined.

 

[kernel530]

funds are a problem.

If funding an attorney for child custody is an issue, are there attorneys that I could pay for say an hour of their time to give me advice on what to do next?

 

[quincy]

What if a person filed a false police report about me resulting in my arrest. But the next day admitted why she did it over a recorded phone call through a county jail telephone, resulting in the charges being dropped? Because that was also done to me by my child's mother. This one person has caused me more pain and anguish then anyone else I've met in my life combined.

Reports to the police are also privileged but the privilege that covers police reports are conditional or qualified, which means that the privilege can be defeated upon a showing of actual malice. If a report can be shown to have been made by a person who knew it was false at the time it was made and the report can be shown to have been made with an intent to cause harm, then the report can lead to a criminal charge. But false reports rarely result in criminal charges, for a variety of reasons.

If the person who filed a false report to the police later recanted or admitted to lying, the police will decide to pursue the matter (or not).

I am sorry your child's mother is causing you so much pain and anguish. This happens when relationships go sour and perhaps happens even more frequently when a child is part of the equation.

Again, seek out the help of a family law attorney in your area. The attorney can help you address the issues you are having with your child's mom.

For custody and related questions, by the way, you might be best off on this forum by posting those questions in the Family Law section of the forum. I know forum members can locate you here in Defamation - but I am not seeing that you have any defamation claims worth pursuing (based on what you have posted) and it sounds to me as if you could use some concentrated advice on handling the problems with child custody.

I just saw your additional question and the answer to it is that, yes, you can sometimes find attorneys willing to work with you on a part time, as needed, hourly rate basis. You will probably have to call around a bit.

Good luck.

 

[kernel530]

thank you so Much.

The hurt involved with all of this is overwhelming. I felt so much relief from your response I'm crying. I will deff now post in family law. I feel like the first time since this whole mess has started I've got help, and from people who know what is going on. My heart hurts. But your helping. Thank you

 

[Proserpina]

Yes, please add this to the family law section.

I have questions.

 

[quincy]

The hurt involved with all of this is overwhelming. I felt so much relief from your response I'm crying. I will deff now post in family law. I feel like the first time since this whole mess has started I've got help, and from people who know what is going on. My heart hurts. But your helping. Thank you

You're welcome, kernel530. Thank you for the thanks.

Proserpina (who posted above) is one of the family law experts on this forum who will offer you good advice and direction. This forum is lucky to have several of them. The Family Law section is also where the forum's family law attorney hangs out. She is an attorney-GAL and she posts with some frequency. Look for Ohiogal (and please don't take offense at her bluntness - she is that way with all of us ).

Good luck, kernel530.

 

[justalayman]

has any criminal action taken place regarding the accusations?

 

[CdwJava]

What if a person filed a false police report about me resulting in my arrest.

Then you tell that to the police or the District Attorney. *IF* the police can prove beyond a reasonable doubt that she intentionally told a provable falsehood, then she could be charged. very often, such proof is simply not possible.

But the next day admitted why she did it over a recorded phone call through a county jail telephone, resulting in the charges being dropped? Because that was also done to me by my child's mother. This one person has caused me more pain and anguish then anyone else I've met in my life combined.

You can report it to the police and the DA. You might also consult an attorney as to whether you have grounds for a lawsuit, BUT, if she doesn't have many thousands of dollars to pay for any award you might receive, it's probably not worth spending thousands of dollars for this.

 

[quincy]

has any criminal action taken place regarding the accusations?

He said "charges were dropped."

 

[justalayman]

If charges were dropped then it is pretty much guaranteed they were totally unsubstantiated. They are not the accusation is not going to be worth anything in family court. If they have the slightest belief they are true the mother needs to realize she claims to have seen these horrible acts awhile back and did absolutely nothing. That would make her nearly as bad as what she claims you did.


I would simply defend yourself that the claims were not true. I wouldn't think the courts would actuslly put any weight in them.

Your chances of a successful suit again for the children's mother is from slim to none. That chance of your suit making a difference to her or the courts is probably about zero.

 

[quincy]

If charges were dropped then it is pretty much guaranteed they were totally unsubstantiated. They are not the accusation is not going to be worth anything in family court. If they have the slightest belief they are true the mother needs to realize she claims to have seen these horrible acts awhile back and did absolutely nothing. That would make her nearly as bad as what she claims you did.


I would simply defend yourself that the claims were not true. I wouldn't think the courts would actuslly put any weight in them.

Your chances of a successful suit again for the children's mother is from slim to none. That chance of your suit making a difference to her or the courts is probably about zero.

kernel530 created a thread in the Family Law section (where I think his legal issues are better addressed). See https://forum.freeadvice.com/child-custody-visitation-37/dad-needs-help-please-621244.html

Judges are used to hearing lies told by those embroiled in custody/child support battles and discount most of what they hear. In fact, I once heard a judge say, "Let the lies begin."

That said, it appears the lies told about kernel530 by the child's mom had some effect on the custody decision. Unfortunately, these types of lies told in court, while not all that uncommon, can be especially harmful to both of the parties and to their child(ren).

Nothing to support a defamation claim, though, unless the statements that are made to others are unprivileged.

 

[CdwJava]

If charges were dropped then it is pretty much guaranteed they were totally unsubstantiated

Not necessarily. A prosecutor can decline a case for a host of reasons completely unrelated to the veracity of said accusations. If he cannot prove the matter beyond a reasonable doubt, lacks the staff to pursue the charges, has a reluctant or non-credible victim or witness, etc. One should never assume that because a DA declines to pursue a case that the accusations are false or even unbelievable.

 

[quincy]

Not necessarily. A prosecutor can decline a case for a host of reasons completely unrelated to the veracity of said accusations. If he cannot prove the matter beyond a reasonable doubt, lacks the staff to pursue the charges, has a reluctant or non-credible victim or witness, etc. One should never assume that because a DA declines to pursue a case that the accusations are false or even unbelievable.

I believe in this case the mom admitted on a jail phone to having filed a false report, though. Not much for a DA to pursue (except, if the agency has extra money - unlikely - a false police report charge).

I understand that in family disputes false accusations might be leveled against the other party first, and only later a police report made so as to better support the false accusations.

The games people can play in family law disputes boggles the mind.