Written Defamatory statement in a custody hearing

[jhstormtn]

What is the name of your state? Tennessee

My wife & I allowed what we thought was a friend of hers to stay with us while she was getting her life back in order & trying to regain custody of her son. We discovered recently that she had made the claims during the custody process with the department of human services that she "could not get her drug habit under control because of the pressures of having to live in a hard drug filled home" among other similar statements. She also made these statements to others in the area including coworkers where my wife and I work.

My wife & I have never used drugs and I have been tested every 3 months for over 3 years as a job requirement. Her statements have caused us a lot of problems both at work and in our personal lives and even went so far as to force us to have our home tested for drugs and manufacturing before we could sell it.

What can we do about this?

 

[quincy]

Anything said in a court hearing is "privileged" and, whether comments made are defamatory or not, you personally have no recourse. Only the court can decide if they want to take action against this woman for perjury and/or contempt of court over the lies told - and this is unlikely.

The comments this woman has made to your co-workers, however, are slanderous if false, and you can potentially sue her for defamation. Slander actions require proof of the comments made (which means you will need co-workers to testify as to what was said) and you and/or your wife must demonstrate reputational injury. This reputational damage should be provable - either as a monetary loss of income, from losing your job or being passed over for a promotion for example, or as a demonstrable loss of respect and esteem in your community (a harder proof).

If this woman is having, not only custody issues, but drug and financial issues as well, you may find that any action taken against her is not worth pursuing. The cost of any defamation action is high (thousands and thousands of dollars) and there is not only no guarantee that you will win such a suit, but it is unlikely you will be able to recoup attorney fees and court costs or damages, even if they are awarded. In addition, damages awarded in slander cases tend to be less than in libel cases, and therefore often not worth the time, money and effort needed to bring suit.