Legal Question in Family Law in Florida

Slander

I currently have a request for custody for my 16 yr old son. My ex hit my son 03/08 when my son was in FL w/ me. After this he of course could stay w/ me as DCF was involved. Recently the State of FL has notified me they are prosecuting him, there is a warrant for his arrest. 2 wks ago I recd a response from his atty to deny custody (My son went back w/ his dad to SC last wk - he let him quit school which I wouldn't & made him various promises of sending him to motocross school. He basically bribed him-again). In the denial of custody it contained this: ''Contrary to the allegations of the Mother, the Father did not abuse the child. There was a physical incident that was orchestrated by the Mother. The details of the event are not accurately reflected in the attachments to the Mothers petition.'' The police report was clear... he hit him with an upper thrust punch to the nose & called me to get him, I took him to the hospital as there was alot of blood. I wasn't there when this happened. Isn't this slander (in writing)? Any recourse I can take against the attorney who made this statement or to my ex-husband? Thank you.


Asked on 10/01/08, 9:46 am

1 Answer from Attorneys
Gordon Fenderson Fenderson Law Firm

Re: Slander

your recourse would be through the court system to try to get custody. You probably don't have a case for libel (the "slander in writing" you speak of). The police report is hearsay. It is not admissable as evidence. You have not stated anything here that would help you prevail. Not to say you don't have a case for custody. You are just barking up the wrong tree with the thoughts of slander.

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Answered on 10/01/08, 10:07 am


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