Legal Question in Family Law in Virginia
Slanderous and Unfounded allegations
My husband is currently fighting for custody of his three kids, the court date is in the next three weeks. On the interrogatories received back from his Ex she accused him of being addicted to pornography. This is a very serious allegation that we take great offense to, it is also completly ridiculous and has no foundation at all. We are worried that something like this can cause a black mark on my husbands claim to his children even without being proven. How as a man can you fight such an allegation, our attorney is going to ask for proof but is that all we can do ?
3 Answers from Attorneys
Re: Slanderous and Unfounded allegations
Welcome to the world of child custody litigation. This kind of mud gets slung back and forth all the time and experienced judges discount it. Inexperienced judges award custody to whomever accuses the most and the loudest. Hope your judge is the former. Of course, slander committed outside the confines of the cpurt case would be legally actionable.
Re: Slanderous and Unfounded allegations
Allegations in the courtroom which are not supported by credible evidence are not likely to go anywhere in terms of making the accuser's case and quite often, so speak, have quite the opposite effect of "hoisting the accuser upon her own petard", a saying derived from Middle French speakers of some years ago.
Re: Slanderous and Unfounded allegations
Allegations are easy to make and make a person look ridiculous if they cannot be proven.
One man's pornography is another man's art. I had one Guardian for a child consider an Adam Sandler movie pronographic because it simulated a father and son relieving themselves outdoors. As Supreme Court Justice Blackman said "I can't define pornography, but I know it when I see it."
If the allegations are untrue you needn't be worried by them. As I say a false allegation will only stain the accuser. The only worry should be if the allegation is true.
Good luck.
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