Can I keep someone from badmouthing me on social networks during the divorce?

Question:Cordell & Cordell attorney Andrea Miller

I am currently going through a divorce with my wife. I have two children of my own and adopted her two children from a previous marriage. The stepchildren I have adopted are now writing nasty things about me on social networks, like Facebook and Twitter.

My question is what legal options do I have to confront this disrespectful behavior and ensure that it stops as I am afraid that it may impact my relationship with my biological children?

Answer:

Unfortunately, I do not practice in Kansas and am only licensed to practice law in North Carolina. Cordell & Cordell does have men’s divorce attorneys located in Kansas should you seek legal representation.

First and foremost I would speak to your spouse and see if maybe she can help combat the attitude that your two adopted children are displaying towards you. It may be that she can be a helpful resource in getting the disrespectful behavior to cease.

Unfortunately, there may not be a legal remedy that will help stop this behavior. If it continues and you feel that your biological children are being affected you can ask your spouse to split custody (the two adopted children stay with her and the two biological children stay with you) in an effort to shield them from the disrespect that is being shown towards you.

In North Carolina, if your spouse will not agree with you having your biological children, you may have to sue for custody at that point. While in North Carolina courts do not like to split up children, it may be that in this situation it is in the best interest of the children that they be shielded from the negativity of your adopted children. The courts should take that into consideration when determining custody.

Hopefully, it will not come to that point and merely speaking it over with your spouse about your concerns will help the situation or perhaps some counseling for the children may help as well. Please be advised that my answering of this question does not constitute an attorney-client relationship.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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