Can I sue a lawyer for libel?

[babysmom]

What is the name of your state? CA

I have been involved in a long drawn out custody/child support/moveaway case.

I am a respectable mother, I work 50 hours a week to provide for myself & my son. My ex does not work, but has somehow paid a lawyer $30,000 to make sure that I am not allowed to relocate back to the east coast where my family is located. I struggle and live paycheck to paycheck.

We just went to court to determine child support (DCSS for me and private lawyer for him). As he does not work, and I work "too much", I have been given $53 a month in child support.

In the legal pleadings, there is a paragraph in which his attorney insinuates that I was arrested at the border with a writ of habeus corpus out for me. This is untrue and I find it embarassing. I was questioned and released, as I was on my way to California to attend a hearing. I was not "apprehended" as he put it, and I am tired of him implying that I am a criminal. Does this constitute libel and can I sue for it?

Thank you.

 

[stephenk]

No and No.

 

[stephenk]

"I was questioned and released"

Why were you questioned and how did the other attorney find out?

 

[casa]

What is the name of your state? CA

I have been involved in a long drawn out custody/child support/moveaway case.

I am a respectable mother, I work 50 hours a week to provide for myself & my son. My ex does not work, but has somehow paid a lawyer $30,000 to make sure that I am not allowed to relocate back to the east coast where my family is located. I struggle and live paycheck to paycheck.

We just went to court to determine child support (DCSS for me and private lawyer for him). As he does not work, and I work "too much", I have been given $53 a month in child support.

In the legal pleadings, there is a paragraph in which his attorney insinuates that I was arrested at the border with a writ of habeus corpus out for me. This is untrue and I find it embarassing. I was questioned and released, as I was on my way to California to attend a hearing. I was not "apprehended" as he put it, and I am tired of him implying that I am a criminal. Does this constitute libel and can I sue for it?

Thank you.

No. The attorney did not accuse you or state it as fact, only insinuated such (probably per his client's information) and as long as his client had a reasonable belief that the information was true- and you were, in fact, stopped & questioned...suing for libel would be difficult if not impossible. Add to that the complication of you not being able to afford your own attorney as it is.

CA is notoriously hard on move-aways- your problem is less what his attorney has said, and more if you are able to prove moving clear across country and away from the father- is in the best interest of your child. That will be your monumental battle.