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my wife told me she wanted a divorse two month ago, and we got separated month ago, no papers has been done yet from her, and I came to find out from her celular messages that there is a male friend who, call her honey, baby and at the end of the messages kisses, well I think there is a rat around! I recorded most of the messages from her phone, she doest'nt know, what else I need to proof that she is adulturing? right now I kee my son 4 days, she only keep's him 9 hours a week,

2007-02-23 05:11:13 · 9 answers · asked by Randy j 1 in Family & Relationships Marriage & Divorce

9 answers

You dont want to get in trouble for violating her privacy... so dont advertise those phone issues.

Get a lawyer.

Most states set up 50/50 custody now anyway. Try to agree on that. If you cant, it will be harder on your child.

Here are some links for co-parenting and family divorce law. But really, you need a lawyer to protect yourself.

2007-02-23 12:52:16 · answer #1 · answered by Jennifer Anne 4 · 0 0

Where are you? That makes a difference in the answer.

In the U.S., generally speaking, adultery has little to no effect on custody issues. The fact that a person commits adultery makes them a crappy spouse, but it does not automatically make them an unfit parent.

Second, the messages are not proof of adultery. I call people honey and darling all the time (in the south everyone does it) but I’m not having an affair with any of them.

Third, it's highly doubtful that the recordings will even be admissible as evidence because you did not have permission to make them. If it's HER phone, in HER name, then it definitely won't be admissible as evidence.

2007-02-23 05:36:51 · answer #2 · answered by kp 7 · 0 0

ok keep record of the time you have your son also forget about your wife phone not important now where is your son the 2 other day if you have him 4 days and she has him 9 hours there 2 day left any way you need to go and file for a divorce and tell them you want your son and why all so show them the time you have your child your wife may have to pay child support that ok because its for your child need forget the phone trust me good luck this way you will beat her to to the punch and you will get your kid and she get her rat good luck

2007-02-23 06:46:12 · answer #3 · answered by nightman122554 4 · 0 0

You need to not only keep records of those cell phone messages, but a daily record of your son. A record of everything, who he is with, where he is at, daily times of when you have him, when she has him, who pays for what, who takes him to the Dr or dentist, what he eats. It sounds like a lot, but this will help you get him. She is being stupid by spending so little time with him, she is just helping you get custody of him, that's all.

2007-02-23 06:38:42 · answer #4 · answered by Rosie 4 · 0 0

You need to go see a lawyer. You can file papers and get full custody. As long as you have good reasoning for it, most likely the judge will grant it to you. But make the move now, don't wait, it will just get worse. Good luck to you!

2007-02-23 05:55:57 · answer #5 · answered by beaches 2 · 0 0

File before she does on the gounds that she's been unfaithful. If you don't have a lot of evidence or a prenup, she can STILL take you to the cleaners' in court because you're a man. Even when they aren't at fault, men get screwed in divorce cases.

Get lots of evidence, and FILE FIRST.

2007-02-23 05:27:44 · answer #6 · answered by Year of the Monkey 5 · 0 0

Unfortunately messages on her cell phone does not constitute adultry

2007-02-23 05:16:57 · answer #7 · answered by sunbun 6 · 0 0

First of all recording messages from HER phone is illegal and if you try to take them into court YOU can be arrested. Besides phone messages aren't proof of ADULTERY...(learn to spell).

2007-02-23 05:15:32 · answer #8 · answered by Anonymous · 0 1

If you have him most of the time, I would fight for custody of him. If you want you can email me and we can talk about it. I would love to try and help you. If you have yahoo messenger we can talk that way to.

2007-02-23 05:18:49 · answer #9 · answered by Sammy 2 · 0 0

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