Legal Question in Family Law in New Mexico

My ex friend who I formerly lived with called ACS on me, claiming that I'm homeless and I abuse my child. When I lived with her, I took care of my child along with her four children by myself with no help from her as she would always get drunk. ACS is dealing with her as well, regarding her own children in a seperate case. I recently moved out, now she is trying to exact revenge on me by calling ACS on me...how can I file a defamation suit against her? She lives in Brooklyn NY and I now live in Albany NY


Asked on 5/26/15, 3:22 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

You sent your question to New Mexico (NM) not NY. Laws are probably different in NY but in NM people who report child abuse or neglect are given immunity if they acted in good faith and without malicious intent. Many (maybe all) cases like yours never get prosecuted because the state won't go after them for fear of discouraging reporting, and it's too expensive for private parties and the immunity is a high bar. I'll bet you'll find something similar in NY. So ask a NY lawyer. Good luck, this is a huge problem.

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Answered on 5/26/15, 4:15 pm


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