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Thoreau (T-USA)
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My husband and I are getting divorced. we have two young beautiful

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My husband and I are getting divorced. we have two young beautiful boys. I have a history of anxiety, depression and some say bipolar disorder. My husband has physical custody of the boys, and he 'allows' me to visit albeit 'supervised'. He claims now that he does not have to share anything or allow me to visit-that he is permitting it as a 'courtesy'. I thought that we had joint legal custody and the responsbilty and obligations that come wth that; now he says he doesn't even have to share the name & phone number of a new babysitter. In addition he has "blabbed" about me to mutual friends to the extent it got around to my chiropracter! Can this be stopped?
Submitted: 5 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.
By reading further, you understand and agree to all that is written above.

_____________________________________

Answer:


Typically, neither parent is obligated to release children for visitation/custody purposes to the other parent absent court-ordered visitation. Once court-ordered visitation is in place, a court may find the non-complying parent in contempt if the parent refuses to allow visitation. The court can also require that one parent provide the other parent with information regarding caretakers, including contact information. Further, the court may require that a parent is given a "right of first refusal" for caretaking issues. In other words, the court can require that the non-custodial parent be given the opportunity to care for the children, instead of a babysitter.

When a person makes false statements about another person, the person making the statements be able to file suit for defamation/slander/libel depending on the statements made and the manner in which they were made. It is important to remember that a successful defamation/slander/libel suit requires that statements be made to or in front of someone other than the plaintiff and that some form of damages occur.

A successful defamation plaintiff must typically show that:
1. The defendant made a statement of fact to a third party regarding the plaintiff;
2. The statement was not true;
3. The statement harmed the plaintiff.

It is important to note that there are many possible defenses to defamation/slander/libel.

Defenses to defamation/slander/libel include:
Fair comments on matters of public interest: an argument made in which the person making the argument has an honest belief in the matter. This is sometimes applied to statements regarding official acts and faulty logic or reason may or may not defeat this defense.
Consent: consenting to the statement.
Innocent Dissemination: the person making the statement had no reason to believe the statement was defamatory (unless the person was negligent in his lack of knowledge).
No Actual Injury: no one who heard the statement believed it.Statements made in good faith with the reasonable belief that the statments were true.
Privilege: applies in numerous cases, including on legislature floors.
Opinion: an opinion is merely opinion and not a statement of truth or fact (though some jurisdictions vary).
Never Communicated to a Third Party: the statement was never communicated to anyone but the plaintiff.
Incapable of Further Defamation: the plaintiff's reputation is so poor that the statement could not have done damage.


If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Customer: replied 5 years ago.
Hello - Thank you for your response. From what you have stated regardng parental rights, it sounds as though my husband can do whatever he pleases with the children at this point Is that correct? If so, then would'nt I also? i.e stop by the house, and load the boys in the car to go get some ice cream?

In regards XXXXX XXXXX slander issue, I realize that I would have to know specifically what my husband said to third party - I caught wind of this but do not know the details, but I can find out. It did cause me emotional dstress and fear about what he is saying. It's a small world, and I do not appreciate this. Nor do I feel it is necessary - he may feel justifed, in the context of explaining to friends why we are divorcing. But what about my right to personal privacy, esp. where Personal Health Informaton is concerned?

Also - my health status has been stable for almost 2 years now. How will the court likely view this, versus my past history?

Thanks,

Carol

PS - The divorce proceedings are in Pennsylvania
Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.
By reading further, you understand and agree to all that is written above.

_____________________________________

Answer:


Unfortunately, I cannot advise you as to what you should do regarding time with your children, as doing so would be legal advice. You'll need an attorney for that purpose.

Absent court orders to the contrary, both legal parents are typically entitled to full custody and visitation of the children. However, this basically means that, typically, neither parent is obligated to turn over the children to the other parent. As you can see, this creates a complicated situation. The best approach may be to petition for visitation and/or custody so as to minimize possible conflicts and the appearance of impropriety. You would be prudent to discuss this possibility, in person, with a Pennsylvania attorney.

Generally, a person can repeat truthful things. Health information is protected by HIPAA in the health care environment. However, HIPAA does not protect a person from an ex-spouse's dissemination of private health information. However, if defamatory information is being spread, you may have grounds for a lawsuit. Your attorney can help you evaluate this matter as well once you've determined what is being said.

While I cannot predict a court's actions, a court may consider a parent's past and present. However, courts are obviously more concerned with the present than the past, unless a parent is likely to revert to her prior condition. Further, a mental disorder may not necessarily be enough for the court to deny visitation or custody to a parent, even if the mental disorder currently presents difficulties to the parent. The court's main focus is generally on the best interests of the children.


Please click the green
Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.

If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.


When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Customer: replied 5 years ago.

Thank you for your reply -

 

If I have heard that my husband has told friends, his co-workers or anyone else certain things about me that are not true, my understanding is that then I may have grounds for a suit; would I have to have those people who heard it from my husband, then tell me and/or "testify" as to what they heard? Or will it become a He-said-she-said circus, with details of my life and past history brought out as his defense?

 

Now, even if some or all of what he says is true, I am uncomfortable with his spreading it around and any impact that may have on my personal and professional life. What about that?

Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.
By reading further, you understand and agree to all that is written above.

_____________________________________

Answer:


The exact details of a defamation suit will vary on a case-by-case basis.

A successful defamation plaintiff must typically show that:
1. The defendant made a statement of fact to a third party regarding the plaintiff;
2. The statement was not true;
3. The statement harmed the plaintiff.

A plaintiff must show those things using whatever evidence the plaintiff has. In many cases, proof will involve testimony from individuals who heard the statements, though any relevant evidence which is admissible in court may be used. The evidence available and admissible varies on a case-by-case basis.

Truth is a defense in a defamation suit. The defendant may try to show his statements are true using his own evidence.

Unfortunately, a person's desire to keep something private has no relevance in a defamation suit unless the elements stated above are met. Unfortunately, oft times, people can gossip and discuss other people without penalty if the statements are true and verifiable.

At this point, you will want to take these matters, in person, to your licensed Pennsylvania attorney. He will evaluate the particular details of your case to help you determine whether or not you wish to take action and what evidence, if any, may support your action. Your attorney can then assist you with the legal process to help you achieve your desired goals.

I have provided a very detailed answer, along with very detailed follow-up responses.
Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.


If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Customer: replied 5 years ago.

Ok, Thanks, XXXXX XXXXX about malicious intent of the blabber-mouth?

 

Expert:  Thoreau (T-USA) replied 5 years ago.
Malice is only relevant after the elements of defamation are demonstrated in court. In that case, they may affect an award.

Please accept my answer. Bonuses are appreciated when the customers ask a broad variety of questions and numerous follow-ups.

I have provided a very detailed answer, along with very detailed follow-up responses. Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.

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