NCP causing problems at school

[LizaLou1]

Dear Soc,

Alabama divorce in 2000.  (We live in AL – BM lives in Florida.) BM had custody until 2004 when SS was kicked out for wanting to live with DH.  DH got permanent custody in 2005.  The custody battle wasn't pleasant because BM changed her mind and wanted SS back.  Court papers give BM equal access to school.  When DH registered SS in school he made sure they knew to fully cooperate with BM.

There were no school problems until we inquired about SS's pre-paid college.  We found out she cashed it in after he came to live with us.  (You may remember me posting you over Christmas.)  BM is now accusing SS of drug abuse and claims DH is ignoring it.   She says the school must act because she can't parent from Florida.   SS is NOT using drugs and NEVER has.  We cooperated with the school's review and they agree SS is NOT using drugs.   BTW, she never told DH of her drug concerns-we heard it from school.  Anyway, she will not let it go. BM is harassing them and threatening to sue if they don't take her side.  Today, the school was contacted by the Governor's office (yes really) because of her complaints.  

We usually ignore the BM because bizarre behavior and false accusations are the norm.  But this is new to the school and they are asking DH to stop her.  Also, this is different, because her false allegations now fall on an innocent boy (age 17).

1.  Is there anything that can be done by DH or the School?


Thanks ever so much.

LizaLou

[socrateaser]

>1.  Is there anything that can be done by DH or the School?

Well, the SS could sue his mom for Defamation of Character. Basically, the mother has made a false and defamatory, injurious statement about the child to a third party, i.e., the State. As this statement was not made in a legal proceding, there is no immunity, so it can be sued on.

A false statement of loathsome disease or criminal activity presumes damages. The child's reputation has been damaged and he is entitled to compensation.

How much, well, that's sort of difficult to analyze, but even if it's only one dollar, you can still ask for punitive damages to discourage future behavior.

A defamation suit requires both parties pay their own attorney fees, so just defending the suit could be very costly, and most of such cases will settle quickly as a result. However, if the mother has no assets, then it will be nearly impossible to collect any money from her, so this may be a waste of time.

Your only other move would be for an order from the family court granting you sole custody and the other parent only visitation, and no of access or input into the child's education, health, and welfare (basically a very old-style traditional custody agreement).

That's about all of the possibilities, except for trying to have the mother civilly committed to a mental institution -- which is one of the more difficult legal manuvers, especially when that parent is located in a different state.