Legal Question in Family Law in California
Slander
My husband and I are getting a divorse --Its been a long bitter battle and of corse the real vitims have been our 4 children--Ive have done everything possiable to keep peace and protect my kids from the anger and bitterness that my husband has shown.Still not only does he continue to slander me in front of the kids, but his mother(who claims to be a christian but is about as far from being a christian as fire itself) She's tell the kids(she sees them maybe 1 every 2 months if that--) ridiculous lies about me like that Im on drugs and that I dont love them--she told my oldest daughter that she was a mistake--and that her son and I should never had had any more kids--she tell the kids Im a bitch and a freak and the kids and I are all sick of it--cant I sue her for slander?
2 Answers from Attorneys
Re: Slander
Slander/defammation is for such statements when made cause the person to be held in contempt and causes them a loss of their reputation in the community, and there are monetary damages linked to the remarks. Here, you are invloved in an ugly divorce. The best thing you can do is try to keep the children away from the woman through your order or stipulated agreement.
Re: Slander
You could sue her for slander. I don't think you'd need to prove damages. The drug use allegation is probably slander per se. But so what? What are you going to get from her even if you win?
You need to have the court issue an order that she cannot see the children, period. I know that with a "nasty divorce" the court is going to take your allegations with a grain of salt, thinking that you are just trying to be "nasty". I think you should ask the court to appoint minors' counsel to get to the bottom of things.
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