Greer, SC asked in Family Law, Child Custody and Civil Rights for South Carolina

Q: My mother and sister lied to a judge and said I was going to kill myself and kill my mom. My mom now admits she lied.

My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I have little to no contact with him. I have my mom on a recording admitting she lied and had my sister lie to the court.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on the new evidence. For the false statements made in court, consider consulting with a civil litigation attorney to discuss the possibility of a lawsuit for defamation or malicious prosecution, especially since these false statements have caused significant harm to your life and relationship with your son.

It’s important to provide your attorney with all relevant evidence, including the recording of your mother admitting to lying. Keep in mind that recording conversations without consent can have legal implications, depending on the circumstances and state laws. The attorney can guide you through the legal process and help determine the best course of action. This situation is complex and requires careful legal consideration to address both the custody of your son and the actions of your mother and sister. Quick and informed legal action is crucial in such cases.

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