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On an AFFIDAVIT IN SUPPORT OF MOTION FOR REVISIONS OF JUDGMENT one of the statements is as follows: My ex-spouse has struggled with depression and there are times when her condition affects her ability to parent the children, Is this: 1. Defamation of character? 2. How hard/easy is it to prove this statement? 3. What is the best way to go to court with this on the Affidavit?
State/Country relating to Question: Wisconsin Already Tried: nothing. Just got served the paperwork.
1. Defamation of character? Yes if you can prove it is totally false her you might have civil suit for defamtion. 2. How hard/easy is it to prove this statement? They will need evidence and you can refute it here 3. What is the best way to go to court with this on the Affidavit--if you are on the other side you file response denying the alegation and indicate you are fit and proper parent and keeping custody with you is in the child's best interests.
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25 years in civil, criminal, family, probate, elder issues, and administrative law