Friday, February 12, 2010
Nasty custody case and false reports. Possible sue for lawyer fees?
I'm going through a bad custody case over my son. I informed the father that I had filed for custody and he will be served with papers soon. That night he called the police stating that my husband abuses the child, burned him with cigarettes, choking, all kinds of horrible stuff. They arrested my husband without any evidence of abuse, but only by what the child said (which was coerced).
My husband went to jail for two weeks until his attorney got him out. After four months, the case was closed and my husband was found not guilty because of lack of evidence.
But during those four months, I was not able to work because my husband is the babysitter of our other child, and he was restricted from being around children unsupervised. The lawyer fees were also very expensive, my husband's name was tarnished, and he went to jail over some petty custody fight he has no part of. I also suffered mental anguish because I couldn't have my son in our home until my husband's court date was over. I could only see my son at his father's house, where I was told in front of my son that my husband is a child abuser and I don't love my son.
Could my husband or I sue them for the false accusations (we have proof they are false), my lost hours at work, mental anguish, the time my husband spent in jail, and his lawyer fees for getting him out of this mess?Nasty custody case and false reports. Possible sue for lawyer fees?
You can and should sue.
The name being tarnished would be defamation.
Also you can sue for intentional infliction of emotional distress.
Try to get the DA to file charges against the father. Nasty custody case and false reports. Possible sue for lawyer fees?
yes that is a major lawsuit sue, sue also go to friend of the court and have your child's father court ordered for a physic evaluation
Yes you most certainly can. You can do so with or with out a lawyer. I would advise you to use a lawyer but I know how expensive it can be. Keep track of everything, evidence speaks for itself. Good luck with this it sounds awful. I too have a horrible x husband and he is constantly trying to drag my children through the mud with his brow beating and lies. Men like this make me sick. It is horrendous what they are willing to put children through just to hurt us. I recently went back to court and got his visitation revoked. And he has to pay me back court costs. I had no lawyer but I did have plenty of documentation and evidence so it can be done.
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