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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28805
Experience:  Attorney with experience in family law.
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I have a question regarding slander against my 10 year old

Customer Question

I have a question regarding slander against my 10 year old step-son...
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: I've talked to my family attorney briefly who is handling my child custody case with my daughter.
JA: Anything else you think the lawyer should know?
Customer: The slander is indirect, if you will. My daughters mother has been making statements about my step-son (my daughters step-brother) through email making false claims about him. It continues and other professionals have been included in these emails.
Submitted: 7 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 7 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

A parent or guardian is allowed to file a lawsuit as "next friend" of a minor who has been legally wronged. That would usually mean that one of your stepson's parents would file the lawsuit. Any money received as a result of the case would go into a trust in his name. Usually, the trust would be administered by the same parent, but another adult could do it. Alternatively, the statute of limitations is tolled for minors until they become of age, so your stepson could wait and sue on his own when he's older.

Defamation of character requires an untrue statement of fact about a third party of a sort that is likely to harm their reputation. When statements are made to people who have a right to know (like if your daughter's mother was talking to medical professionals about a health condition your son had), then you have to show that she knew the statements were untrue or exhibited a reckless disregard for the truth or falsity. If she's making the statements to people who have no need to know at all, then you don't have to prove that - just that she's making these negative comments and how your stepson has been affected. He would have to testify at trial if the case weren't settled out of court.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Expert:  Lucy, Esq. replied 6 months ago.

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