Legal Question in Civil Litigation in Michigan
Slander?
My wife's daughter in-law has asked her to write a letter basically stating that her husband is unfit to care for their child due to alcohol drinking and a general lack of child care. My feeling is the majority of what she may write is from what the daughter-in-law has told her which I would think to be heresay. Although both my wife and I don't doubt any of what she relays to us, we haven't actually seen any of it. If this letter was written for her can this be construed as slander? I read in another post in this forum that slander is spoken words and written words are libel. If this is the case can we be taken to court for libel? If the letter has been written can we make it null and void so it's not used in court? Thanks much for any advice.
2 Answers from Attorneys
Re: Slander?
The first question is: how does your wife know that her daughter-in-law isn't an over-controlling, manipulative harridan? The second question is: how, exactly, will it serve the best interest of the grandchildren for your wife to write a letter denouncing the parenting skills of her son? It sounds to me like the man will be her son for a lot longer than the woman will be her daughter-in-law. Finally, to answer your question: a letter from your wife casting aspersions on her son's parenting skills is libelous. It may be entitled to the Truth Defense, but it would be better if she actually knew what she was writing about. Most states, including Indiana, provide home studies for the divorce court to help the judge decide what is in the best interest of the children in the event of a custody dispute. And everything said to those court-appointed officers, or testified to in a court proceeding, is privileged and cannot be the basis for a libel or slander complaint. So, perhaps your wife could tell her daughter-in-law that she would be happy to speak to the home study officers about the problems, and skip writing a letter. Good luck.
Re: Slander?
If you write the letter what do you think it is going to be used for? If it is true, then you have a duty to write the letter. If it is not true, then you have a duty to refrain from writing the letter. It is an opinion and therefore, your chances at liability for slander are slim. Also, if it is true, then truth is a defense. William S. Stern
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
