Legal Question in Family Law in Kentucky

Just curious here in ky. Can a current 2nd wife or girlfriend file a civil suit against current husbands ex wife for defamation/slander? And just curious if such claim can be filed against the ex wife's homeowners policy? Say u have evidence that was brought to u by the stepdaughter which is a recording of the bio mom screaming and yelling at the stepdaughter because of her loyalty to her dad and dads girlfriend. Such comments being made as telling the stepdaughter that she acts like a little bit-- everytime she comes home, callin the stepmom trash, redneck, reminding the stepdaughter that her dad left the stepmom and he didn't even want her (stepmom), saying the stepmom would not always be there for her because she wasn't "real" family, tellin the SD that she was very unloyal to her family at bio moms house (which is loaded with half siblings and stepfather). Also, bio mom has continued to tell the stepson that stepmom was not his real mom and he does not have to listen to her while visiting dad which has heavily strained stepmoms and SS relationship. Now, SD is 14 and always coming and complaining to Dad and stepmom of the emotional crap always going on at bio moms house. Of course we never told her to record anything and she did this upon her own free will. When asked y she did, she explained that she did not feel we believed her an the intensity of the comments always being made to her do she wanted to prove to us that she was not lying. I was reading some case law somewhere and thought I seen a case where a 2nd wife sued ex wife and won - homeowners paid out like $60 grand. Would greatly appreciate some guidance here. I know there is some sort of child abuse going on in the form of emotional trauma. No mother or father should make a child feel guilty about their loyalty to the non custodial parent. Thanks for your help.


Asked on 1/17/12, 12:14 am

2 Answer from Attorneys
Andrea Welker Welker Law Office

If you're really looking out for the child's interests here, instead of your own, your first response should be to address these issues in the respect that the child should not be exposed to that sort of behavior. The court can, and will, order a parent to stop that sort of behavior, and hold parents in contempt for inflammatory language concerning the other parent, or even make a change of custody in the worst circumstances. Parents should foster love and respect for the other parent; that's their responsibility.

Whether there's a case for defamation is questionable. Insulting someone isn't defamatory, or giving an opinion about them. Defamation is the assertion of untrue statements harming the reputation of another. "She's trash" isn't defamatory, but "She's trash because she cheated on her husband with her boss," is defamatory (provided it isn't true). If you want to pursue a case, go get a consult with an attorney. However, as a matter of practicality, think about the objectives in pursuing such claims, and the effect this will have on the child. You realize your only witness to this is the child, who would be called to testify against her own mother. If that doesn't bother you and you just want to stick it to mom and squeeze some money out of her, there you go. Otherwise, do what's best for the child, go see a family law attorney, and address the problems within the scope of the custody agreement and in Family Court, if necessary.

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Answered on 1/17/12, 8:42 am


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