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LADY LAWYER, Family Law Attorney
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My boyfriend was having a custody battle with his babys mother.

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My boyfriend was having a custody battle with his babys mother. They were going to court for a DCYF issue that they were both arguing. She told DCYF that we doing drugs in front of the child and I sell drugs. (The case came up unfounded to DCYF) She is just trying to get my boyfriend out of the picture because she is getting remarried next year and she is jealous that her daughter likes me. Her lawyer presented to the judge my Facebook pictures, which are my photos for Hightimes (A marijuana activist magazine). I did the shoot because I am a model and a Hip Hop artist, and I was featured in Hightimes magazine. I also have a medical marijuana caretaker card for RI, which allows me to grow a certain amounts of plants, which I took pictures in front of for the shoot. Her lawyer continued to to tell the court that I was dressed inappropriately and was showing the judge the picture of me in front of the plants. I did this shoot in an artistic manor and because I support the legalization of marijuana. The judge ruled that I can not be around the child because she did not like my pictures. The babys mother said that the child was unsafe around me and deemed me a drug dealer which is not true. The child is 6 yrs old and I have been in her life for 4 yrs, now I am not allowed to be around my boyfriend when the daughters around and it is on court document that i put a child in danger which is completely false!. The holidays are coming up and I am completely distraught that I can not spend time with my family. My boyfriend, his daughter and his family are also very upset, they feel I was wrongfully accused, and I don't even have a record, I've never been arrested in my life! The babys mother and the lawyer made false accusations about me and I did not get the chance to defend myself. I feel also that there was discrimination against me because of my photos. I feel that this is slander, libel, and discrimination. I want to fight this, what can I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 3 years ago.

LADY LAWYER :

Hello,

LADY LAWYER :

Did you or your boyfriend have representation in court when the ex's attorney was presenting his case to the judge?

Customer:

Yes

LADY LAWYER :

Okay. Did the attorney talk to the two of you about appealing the judge's decision?

Customer:

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

Customer:

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

LADY LAWYER :

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.

LADY LAWYER :

Your better option here is to focus on getting the judge's decision overturned.

LADY LAWYER :

To do this, you would have to appeal the decision.

LADY LAWYER :

If the attorney you currently have does not want to do that, you will have to find another, more agressive attorney that does.

LADY LAWYER :

This judge sounds very conservative and probably used his own personal feelings to make a judicial decision.

LADY LAWYER :

I am sure you are not a danger to the child.

Customer:

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?

LADY LAWYER :

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.

LADY LAWYER :

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.

LADY LAWYER :

Like I said, if the mother is out telling people that you are a drug dealer then you CAN sue for defamation.

Customer:

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.

LADY LAWYER :

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.

LADY LAWYER :

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.

LADY LAWYER :

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.

Customer:

Thanks for the info, I feel I now know which direction to go in!

LADY LAWYER :

You are so welcome. :)

LADY LAWYER :

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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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