Legal Question in Family Law in Kentucky
slander through CPS involved in custody case
My ex wife repeatedly makes very slanderous allegations against me to CPS in ky. I again and again prove to be capable and safe parent, no actions have ever been taken yet they come running every time she makes allegations again. I think I can prove these allegations come when we court matters pending regarding her child support or custody, but only one allegation was made non-annonymous though it was the most slanderous. The report from social services on this occasin shows the children said things like ''mommy said to say this, or that''. (she will repeat all these allegations in court next week I am certain) Can I take my private CPS file as proof of slander, and defamation. I basically will have to make my private CPS records public when she makes these false allegations to undo the damage even false accusations do, is that ground for defamation?
Secondly what can I do regarding CPS's harassment? I understand they have a job to do, but pulling the kids out of class every two or three months to answer th same questions over and over has to be some kind of abuse of the law, I should have the right to confront my accuser should I not?
I cannot afford lawyer, I need real legal opinion I can plan course of action on.
1 Answer from Attorneys
Re: slander through CPS involved in custody case
With what you described it seems the question is whether you can afford not to get a lawyer - but times are tough. You have two options with the courts: 1) take all your records and try to convince a judge to order your ex to make no further CPS referrals unless a true emergency exists and then go for contempt when she continues (some judges will order this while others won't); or 2) File a separate civil suit against her for defamation of character. Frankly, you could try to do both at the same time.
If you attempt to file suit without a lawyer, you had better go to a law library and start researching what has to be proven in a defamation suit.
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