What can I do about false allegations made by my soon-to-be ex-daughter-in-law in a court document?

My daughter-in-law stated in a legal document during divorce proceeding that as the grandparents my husband and I were not to take care of our granddaughter due to our ill health. This is entirely untrue. What can I do about this falsehood?

Asked on March 9, 2016 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do anything about it, other than--in the course of proceedings--providing your evidence or documentation to the contrary (which can generally hurt youd daughter-in-law's case, by damaging her credibility, which will help your son). The reason you can't do anything:
1) First and foremost, there is a "litigation privilege" for comments made during court proceedings--they are not considered actionable slander or defamation. People are allowed to make incorrect statements during legal proceedings.
2) "Ill health" is a subjective term, as is her assessment of your ability to care for the grandchildren; it is not unlikely that a court would simply consider this her opinion, and everyone is legally entitled to an opinion.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.