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Did you or your boyfriend have representation in court when the ex's attorney was presenting his case to the judge?
Okay. Did the attorney talk to the two of you about appealing the judge's decision?
I don't think he emphasized enough that this is my work, and also i have 2 other jobs and go to school full time
No he did not he said the judge was getting aggravated and she wanted to go home and if we kept pushing the issue she would have took his visitation away
The problem here with a defamation lawsuit is that anything that is said in court has qualified immunity so you cannot sue someone for defamation for things that are said in a courtroom. Now, if his ex is going around to everyone and telling them you are a drug dealer outside the courtroom, then that is a different story and you can sue.
Your better option here is to focus on getting the judge's decision overturned.
To do this, you would have to appeal the decision.
If the attorney you currently have does not want to do that, you will have to find another, more agressive attorney that does.
This judge sounds very conservative and probably used his own personal feelings to make a judicial decision.
I am sure you are not a danger to the child.
Exactly I agrees that she is conservative, but she judged me by a photo. I know the ex goes around telling people these things about me, but how can I prove it. Could this be a matter for the ACLU for discrimination?
Judge's usually have broad discretion when it comes to whom they can let around a child, but their decision has to be reasonable. If you have never had any arrests or other issues with drugs, then he probably jumped to conclusions here based on the other attorney's lies about you.
Unfortunately, the only categories that are protected under the law against discrimination are disability, gender, age, nationality, race, and things of that nature. Otherwise, it will not be considered discrimination.
Like I said, if the mother is out telling people that you are a drug dealer then you CAN sue for defamation.
Ok then I will do that. Its on paper that she told her lawyer that, we got a discovery packet from him before we went to court and it had the Facebook pictures and she implied that I sell drugs. I also told my boyfriend that this guy is not aggressive enough, the pictures on my Facebook are professional artist photos, not just stupid Facebook pics, I have used them for cd covers and posters. I feel that if they can use my music work against me then no in Hollywood or on the Music scene should be able to have children either.
What she told her lawyer or what she or her lawyer said in court would not count. Now, they could be charged with perjury if they were flat out lying, but that is for the judge to determine and it hardly ever happens.
You are absolutley correct about everyone in Hollywood and the Music industry. You are also correct to trust your gut about getting an agressive attorney.
That's fine if the judge was irritated, but appeal the decision and get this in front of a new judge. That's your family and you need to fight for them.
Thanks for the info, I feel I now know which direction to go in!
You are so welcome. :)
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