Legal Question in Family Law in Louisiana
my current husband was arrested for domestic battery and while in jail he was drug tested and it was positive. since then hy ex husband has told several people it was a fact i was on drugs too which is not true. i am a teacher, softball and basketball coach and sunday school teacher in a small community. he has managed to convince my parents that i am on drugs and he has hired a lawyer and is seeking custody of our children. when confronted by my parents of this accusation i went that day with them and took a drug test and the results were negative but he has ruined my name and reputation. some of my childrens parents believed him and try to distance their children from mine. Are there any legal suits i can take against him?
2 Answers from Attorneys
You may have action for slander if you can show actual damage. You should definitely address it in your custody case as derogative comments in front of the children which cause harm to the relationsip between parent and child-have significant bearing on custody and visitation issues.
You have an action in damages IF, you can prove he said what you said he said, and you suffered damages. Saying someone has committed a crime, ie taken illegal drugs, is defamation per say, and you can sue for that if you show he said those things.....he will have to prove they are true.