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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Our daughter's ex is challenger of their child. she and her

Customer Question

our daughter's ex is challenger for custody of their child. she and her daughter live with us while my daughter attends school. the ex agreed to all this so there has been no change in circumstance but in papers served my husband was cited has having hep c and preparing meals with a concern that he could spread the disease by cooking meals. he is considered cured of the disease and has numerous labs to prove this. also the concern that hep c can be spead in this fashion is false per the CDC. my daughter feels this was done by the ex to make her look bad and taint the magistrate opinion. did the ex's attorney not have a responsibilty to use accurate medical facts regarding the mode of transmission? and would this be considered defamation per se in the state of florida against the ex and possible his attorney?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the attorney has a duty to put forth his client's case in the best possible manner. He cannot lie, but unless he has a medical background and personally know that the information is false, he is not required to check it--since the burden of objecting is on the respondent to the complaint. This is not defamation against the attorney, and as far as defamation against the ex, that is tough unless he knew for a fact that was he stated was false. Then yes, as he is claiming that your spouse has a 'loathsome disease' which he does not have, that can be shown to directly injure his reputation.


Dimitry, Esq.