So my BFF is going thru a divorce and his step daughter told him over the phone some pretty damning things abou the ex-wife. Things that are going on in the home. He has his 6 year old son there living with her and his 2 teenage step-daughters.
On the phone one of the step daughter said the following: thinks the new live-in boyfriend is beating her up (bruises from a cruise they went on together), she smokes pot, takes speed, yells and screams in the house, the kids are afraid for their safety, lets the boy do anything, doesn't watch him. etc.
Here is the hard part... during this phone conversation, he hit record in the middle. Now he has the 17 year old saying these things. Can he use this? Should he use this? What are his options?
His priority is the safety of the kids... what to do?
ADVICE please!!!!
2007-08-06 18:08:36 · 7 answers · asked by Mitch 2 in Politics & Government ➔ Law & Ethics
Well the basic thing is recording someone is only legal if you inform someone that they are being recorded and consent to it...... and obviously he probably did not do so.
She "thinks" the boyfriend is beating the Mom. From just one cruise but no mention of things like this at home? Who is the Mom screaming at...... the boyfriend or the kids? There are many holes in this story.
What motivation would this women's own daughter have in speaking this way about her mother? Betting you if the whole tape thing comes up the daughter will say something like "he told me to say those things" or "she just said them so he won't be angry". It will look exactly as what it really is....... the 17 year old is mad at her Mom and mad at the boyfriend. A teenager who gets yelled at and is acting out........ a judge would make short work of this.
They will of course interview the other daughter. Bet you the other daughter will side with Mom. They will get to the heart of the matter regardless. If the Mom and the boyfriend don't fight at home the whole abuse thing will be out.
Of course speak to an attorney. But consider this..... in presenting the tape the court will delve much more deeply into their family life instead of just doing the straight up legal stuff with custody and child support. It will probably be shown that the mother is providing a safe and secure household therefore strengthening whatever case SHE has in the divorce. Now he may be only concerned about the kids but with the different types of custody it may cast doubt upon your boyfriend's motives or suitability since he listened to a 17 year old.
If he calls social services or whatnot using only this info they will not act on it or just set up a visit. That in court will be used against him. Probably best to skip the whole tape thing as there are to many pitfalls to detail.
2007-08-07 05:49:56 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
The big thing here is custody of his child. The step daughters will be on their own. You do not know how much of what she said is true. It could be the step-daughter hates the new live-in and wants to get him out of the home. It could be that things are a lot worse than she has told you too.
Have yout BFF ask for sole custody; if she agrees, there is no problem. If she wants to fight it out, have the court appoint a person to inspect her home. See if his lawyer can arrange a surprise inspection to be done.
2007-08-07 01:26:36 · answer #2 · answered by Kevin k 7 · 1⤊ 0⤋
gotta disagree with Keefe. While kids in divorce proceedings is always ugly, in the case of a neglectful abusive environment the children need to be removed from the situation. Besides, if there is proof of the comments made by the daughter than the mother has no business caring for youth.
2007-08-07 01:18:12 · answer #3 · answered by Lord_of_Armenia 4 · 0⤊ 1⤋
You need a lawyer. not sure you can or want to use the tape recording, as it would be considered phone/wire tapping.
You can accuse, she'll dennie it. The courts will believe her over him in that case.
Even with a lawyer it'll be tuff too win. Your about to learn what guys have bitchen about the last 50 yr's in these cases.
2007-08-07 01:23:07 · answer #4 · answered by ball 3 · 1⤊ 0⤋
He needs to file the motion to request a judge to allow to present this evidence in court. If the judge will let him so, he can present it/.
2007-08-07 01:48:05 · answer #5 · answered by OC 7 · 1⤊ 0⤋
consult an attorney in these matters
2007-08-07 01:19:17 · answer #6 · answered by publius 2 · 1⤊ 0⤋
KEEP THE KIDS OUT OF THE DIVORCE PROCEEDINGS. PERIOD!
2007-08-07 01:12:25 · answer #7 · answered by Sgt Little Keefe 5 · 2⤊ 0⤋