Legal Question in Family Law in Oklahoma
My daughter
My daughter is 3 years old. Her dad has just went over seas and we are divorced with a joint custody agreement with him as the primary. He left and his parents filed a emergency temporary order saying they should have her because I am unfit. I am not unfit and I am a good mother. Can I sue them for deferement of character of something.
1 Answer from Attorneys
Re: My daughter
You could sue for defamation, but it may not go anywhere until after the hearing for custody.
If the court modifies custody because the court is convinced you are unfit, then you would lose a defamation case.
If the court does not modify custody, and does not find you unfit, then you might have a shot at a defamation case. The problem would be they would argue their allegation was advanced in good faith. If they've simply made everything up, and can't prove anything, then you might have a chance at defamtion; but you'll have to prove they made it all up.
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