Legal Question in Family Law in Illinois

Defamation of Character

My ex-husband has recently filed a petition to terminate visitation (he has physical custody of 1 of our 3 children) and a petition for a change of physical custody for our other two children, who currently reside with me and my new husband. His petition is slanderous in nature against me. None of the accusations are truth. Shortly after filing this petition, my new husband received a petition in the mail to terminate visitation with his stepdaughter (both her biological parents are dead; she resides with a cousin who challenged my new husband for guardianship. She got the guardianship because we did not have the finances to keep moving forward.) Do I have a case for defamation of character? Not only are the allegations untrue, but they have now done damage to another family. Additionally, my children have been bombarded with his defamation of me for years, which has caused emotional distress for all three of them, including me. Any resources, insight or advice would be greatly appreciated. (Childrens' ages: 16, 15, 13. My 3 children were also molested - by a stepbrother - while under their father's care 8 years ago. Even with a conviction, he (father) denies it ever happened; allows visits. Stepdaughter is almost 16)


Asked on 3/09/08, 5:59 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Defamation of Character

There is no defamation since he is simply claiming things in a Petition. What you need to worry about is answering that petition and fighting it. If you and your attorney are prepared and confront his accusations you should be fine.

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Answered on 3/09/08, 6:08 pm


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