Legal Question in Family Law in Michigan
Slander
my husbands exwife is telling me and his children that he has a baby by her brothers ex-girlfriend. they already have a court date because she doesn't bring his kids to see him. we are tired of being harrassed and this has been damaging to his relationship with his children because they believe her. do we need to get a lawyer or do we file a case against her for slander?
3 Answers from Attorneys
Re: Slander
While a case for slander may be possible (the facts you provided are very limiting) you must decide whether or not the individual you wish to sue is collectible (i.e. having assist which could pay a judgment received)
Do the kids live with their husband. Does he want them to. Obviously, assuming this information is untrue that may allow him to obtain custody or obtain a change in parenting time.
Re: Slander
First, defamation requires that the statement be not true. This is the first thing.
Second, if you are being harassed, you can ask for a restraining order,--the divorce court can condition her custodial rights on appropriate behavior.
Third, the children need support and focus much more than the exwife. You can't really control what she tells them,--they're her kids, but what you CAN do is support them when they are with you and use common sense to deal with what may be lingering "divorce craziness."
FInally, there are some unresolved divorce issues here, and mediation (as opposed to joint therapy) might help. She's using the kids to get back at him for some past transgression,--so at some level truth doesn't matter. Instead, the two of THEM need to work out how they are going to move forward in raising their kids, together, --yet separately.
Re: Slander
A slander or defamation case is difficult to prove, and although you might be able to prove that untrue statements were said against you or your family, you also have to show damages - more than emotional damages.
Also, untrue statements made only to you do not qualify - they must be stated or "published" to a third person, or said in the presence of someone other than you and the person speaking. I see you have other responses which cover your other issues, so I will leave it at that.
Good luck.