according to our custody papers my ex has to stay with his mom while he has visitation with our son, but hes staying at a girlfriends house, im just wondering how i can ask his landlord & be able to use the info she tells me in court. because if she says she is renting to him then that proves that hes not staying at his moms.
can i call her & record our phone call? is there a form i can get my lawyer to send her?
2007-06-18 16:35:10 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i would first try to get the landlord to be in court and make the statement in person. otherwise, his statements are hearsay and the court will only allow it on a limited basis. such as, your husband states in court that he is living with his mom, you can use the landlords statement to impeach is credibility.
PS - you can record the conversation but it will be inadmissible. anyone can record any conversation because people assume the risk that the person they are talking to is doing so or will share the information. but it is only admissible in a court of law if it is consented to or the police conduct the surveillance with a valid warrant.
2007-06-18 16:42:01 · answer #1 · answered by tortfeasor21913 2 · 1⤊ 0⤋
What you are proposing is to introduce "hearsay" evidence.
Hearsay is an out of court statement, submitted to prove the truth of the matter testified to.
It's inadmissible, with a few exceptions.
About the only one that might get you by the Objection is if the Landlord in question was making a Dying Declaration. Seems like a long shot to me.
Look, the landlord probably doesn't really know, and under oath, she's going to have to admit that she doesn't know because she didn't see whether he left at midnight and returned at 6am.
Hire a Private Investigator who will watch and testify (with 27 8 by 10 color glossy pictures with circles and arrows and a paragraph on the back of each one explaining what each one was) that he arrived before 10pm and left after 7pm, case closed.
2007-06-18 23:57:21 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
But you haven't given any reason why you think he is visiting with your son at his home, rather than at his mother's home. He can rent a residence where he stays, or he can stay with his girlfriend, but as long as he doesn't take your son there, he is not in violation of court order.
2007-06-18 23:44:24 · answer #3 · answered by old lady 7 · 0⤊ 0⤋
Just because he spends time at his girlfriends house and/or is renting an apartment from someone else DOES NOT mean he is not at his moms house when he has your son.
2007-06-18 23:42:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
no you can not record her legally but you can but it would be better if your lawyer called the landloard and ask
2007-06-18 23:43:50 · answer #5 · answered by firefighterace 3 · 0⤊ 0⤋