Legal Question in Personal Injury in Florida

Defamation of Character by ex daughter

My husband gave his son and daughter up for adoption about 4 years ago. His ex accused him of abusing them and, although there were never any charges brought, and the children's psychologist testified in my husband's defense, the final decision of the judge was that he couldn't see the kids until he went through counseling. Now, 4 years later, his daughter is making news talking about how she suffered ''horrific abuse'' for 6 years. We have witnesses, doctors, and HRS that say her story is a lie. Unfortunately, although she has made the story public she is 17 years old (18 in 2 months) so she is a minor. What can we do? If we sue, who has the burden of proof. That has been our problem. The original accusation was so vague that it was impossible to prove or disprove to begin with. Of course we weren't able to have witnesses, etc. because we weren't in court to prove guilt or innocence, we were there for visitation (per the judge). She has, of course, added substantially to the story since then.


Asked on 7/30/02, 4:54 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Defamation of Character by ex daughter

The party that files suit has the burden of proving the allegations contained in the complaint. What would your husband sue for? What claims would your husband have against his daughter? What would be the likely outcome of any litigation between father and daughter? Would it help resolve the issues or simply aggravate the situation? If your intention is to sue to prove your husband's innocense, you may want to reconsider. You should meet with an attorney face-to-face to learn what legal options may be available and whether it would be prudent to pursue any such action. Good luck.

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Answered on 7/30/02, 5:31 pm


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