Question:
I am an unwed father whose name is on my child’s birth certificate and carries my surname.
My ex-girlfriend fled with my child and now no one will tell me where she is because she is spreading lies that I sexually abused my child.
My question is can she be arrested for hiding my child from me and slandering me with a child molestation accusation?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan divorce laws where I am licensed to practice.
You should consult an attorney immediately, so that a complaint can be filed for you to obtain custody and parenting time with your child. Once your complaint is filed, a process server can track this woman down and serve her.
You have every right to be with your son, and she does not have the right to keep you from him. If she is claiming to keep the son away from you because of alleged abuse, then she would need to show proof.
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Causes of action relating to slander differ based on the requirements of a particular state law, but you might have a cause of action if these accusations are untrue, if the general public is being made aware of them, and they are affecting your job or livelihood.
The most important thing right now is to get your child back, and to do that, it looks like you have no other choice but to pursue the matter through the courts.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Michigan Divorce Lawyer Tamara Hoffstatter, contact Cordell & Cordell.