San Jose, CA asked in Child Custody and Family Law for California

Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with lies and manipulative stories, to take my kids away, it was very detrimental to my mental health. I once posted on social media, speaking on my experience and she told the judge about my post, which had no negative statements. It was just me expressing my emotions, but the judge ripped me a new one about speaking on their mother. So what’s a way I can express everything I’ve been through and how it made me feel without getting in trouble. At this current moment, I feel like my freedom of speech is stripped away, but my whole show is about opening up.. Again my battle is over I have 50/50 joint physical and legal.. Thank you

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: I am not trying to be glib, but VERY CAREFULLY. Anything you say could result in a slander/libel suit against you by your former spouse. She has already shown that she is litigious, and ready to grind an ax (according to your post) so what does she have to lose by suing you for any post you put. My advice is: When the risk outweighs the benefits, DON'T DO IT. If you need to talk about this with anyone, discuss with a professional in a private and confidential manner, your clergyperson, your therapist, your attorney or your doctor, not on a public website. Additionally there is an indication by posting online that you are seeking revenge against your spouse. Family Law cases are never over, and she could move to re-open and put your posting into evidence to use against you. See what I mean about the risk outweighing the benefits? You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: First and foremost, it's essential to prioritize your child's well-being and consider their best interests when discussing your custody battle on your podcast. While you may feel a strong urge to share your traumatic experience, it's crucial to be mindful of any legal restrictions or court orders that may limit what you can disclose.

To express your emotions and experiences without getting into legal trouble, you can focus on discussing the broader topic of coping with challenging life events, overcoming adversity, or navigating the mental health implications of such experiences. By sharing your personal growth and resilience without directly referencing your custody battle or your child's mother, you can still provide valuable insights and support to your audience.

Ensure that you maintain a respectful tone and avoid making any disparaging remarks about your child's mother. Emphasize the importance of empathy, understanding, and self-care during difficult times. Remember, while freedom of speech is important, it's equally important to maintain a respectful and responsible approach, especially when discussing sensitive legal matters. Consulting with a legal professional regarding any specific restrictions or guidelines related to your situation can provide further clarity.

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