Decatur, AL asked in Child Custody, Libel & Slander and Family Law for Alabama

Q: i am a defendant in a frivolous defamation lawsuit. what can i do to get it dismissed

We have a child custody case to which we created a GoFundMe to help with the attorney fees. It hasn't garnered much money but everything helps as this has gone on for almost 5 years. The spouse of the mother of the children has filed a lawsuit against me and my son for defamation for stating facts of why we are trying to gain full custody of three minor children. The spouses name has never been mentioned in any public post, on the GFM. No one in my circle has any idea who this person is nor anything else about this person. He is claiming harm personally and professionally. If anyone has identified him in this, it has to be because he himself or the childrens mother has pointed it out. Many people know the circumstances of the custody case. many people know of the investigation by DHR for the physical abuse he inflicted on the minor children but it is because they have talked directly to the children or they have seen the proof. I don't have funds for an additional attorney.

1 Lawyer Answer
P. Vaughan Russell Jr.
P. Vaughan Russell Jr.
  • Birmingham, AL
  • Licensed in Alabama

A: Unfortunately, you will probably not be able to have the lawsuit dismissed immediately.

The individual claiming defamation does not have to be specifically identified by name in order to have a defamation claim. Whether this person has a colorable claim for defamation depends, at least in part, on the language used in social media posts and/or on GoFundMe regarding the reasons you are claiming as grounds for gaining full legal custody of the children.

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