Q: Is this libel?
My ex filed a petition for modification of a final judgement seeking sole custody and the temporary and permanent removal of my parental rights concerning our minor child in Oct 2015. He and his lawyer concocted a 3 page petition, knowing that everything was false, the information having stemmed from a person that admitted in a Florida court that he was an alcoholic, a liar, and had spent 7 months obsessed with destroying my life. That stated that I was a porn star, mentally ill and numerous other untrue allegations and/or statements with the goal to prejudice the court and damage my reputation. From the date they filed this petition, until the present they have provided zero proof to the statements.
My legal residence was Missouri at the time the petition was filed and served to me in Missouri in December. The Petition has been filed in Florida and will ultimately be public record.
1. Would this be considered libel?
2. Can I file in MO?
3. Can I include his lawyer in the suit?
A: Generally in court statements aren't subject to libel as it's presumed the court system has ways of dealing with this (perjury, subornation of perjury, etc). Discuss with your lawyer. Enjoy --if you are correct it can only damage their case.
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