My ex had me committed to a psyche evaluation against my will via the sheriff, in an affidavit based on perjured statements. This evaluation and affidavit set the tone and had me paying for a second evaluation and placed me under supervised visitation for 6 months. I have since settled and regret the entire matter.
Do I have recourse to sue civilly for her actions and their consequences in the matter? To this day I deal with the fear that she may again falsely accuse me so as to eliminate me from my daughter’s life.
It is definitely aggravating to participate in a divorce when your spouse consistently invents lies to manipulate the outcome of your case.
The most appropriate approach in handling this type of situation is to consult with an excellent attorney. An attorney who is well qualified in the area of domestic relations will be able to effectively cross-examine the opposing party so that each lie is pointed out for the judge. This would have been helpful in your case because the judge could have made an impartial and more reasonable visitation schedule for you than what you ultimately agreed upon in your divorce settlement.
Sadly, as you indicated, it is your child that suffers most when parents choose to battle their disputes by spreading rumors and false statements. Based upon the facts that you provided to me, it is reasonable for you to fear that your ex-wife may continue to create lies about you to destroy your relationship with your daughter.
Fortunately, in Missouri, to modify a parenting plan there must be a continuing change in circumstances that is substantial enough for a judge to determine that the original parenting plan is no longer useful. Unless the facts as you explained them change, it does not appear that your ex-wife will be able to allege facts substantial enough to modify the prior arrangement; therefore, your visitation should remain the same.
I understand that your divorce is already settled and that you are also now concerned about pursuing a remedy in civil court for the damages you sustained due to your ex-wife’s perjury. While this is a serious matter of concern for you, I must advise you that I am an attorney that solely practices domestic litigation and the area of law that you are inquiring about is civil. For a more in depth and detailed answer to your question, I urge you to consult with an attorney that practices civil law.
With that being said, if you were to pursue a civil case against your ex-spouse, you could cause her to take a defensive stand and subject yourself to an even more bitter battle where she may allege problems that were worse than before. Sometimes, it is better off to take a more cautious approach in matters such as yours and simply refrain from pursing a law suit altogether.
Again, please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers located nationwide, including many in Missouri, if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.