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Ex wife put spyware on daughter's phone, which is my phone

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dadinMS

Member
I do believe I have a strong case. But I also know that anything can happen in family court.

I do not have proof of any recordings. Honestly, I think I caught it and uninstalled it before it could be done. All I have proof of is that it was capable and set up to do these things.
 


Zigner

Senior Member, Non-Attorney
I do believe I have a strong case. But I also know that anything can happen in family court.

I do not have proof of any recordings. Honestly, I think I caught it and uninstalled it before it could be done. All I have proof of is that it was capable and set up to do these things.
No harm, no foul (from a legal perspective). Daughter knew about it and continued to use the phone.
 

dadinMS

Member
Wow, so there's nothing wrong with what she did? Even though she doesn't own the phone, doesn't pay for the phone, and it's my property.
 

TigerD

Senior Member
Wow, so there's nothing wrong with what she did? Even though she doesn't own the phone, doesn't pay for the phone, and it's my property.
That isn't what you were told.
What the other posters are saying is that your reasonable recourses are very limited. What she did is wrong. But you can't do anything about it without looking like just as big of an a$$, so perhaps, you should be happy that you caught it. Let your lawyer know. S/he will use it as leverage if and when needed.

DC
 

dadinMS

Member
I don't presently have an attorney, although I'm thinking a consult may be in order.

I don't really care about the criminal aspect of it, although it would serve her right. She's always thought she could do whatever she wants. This is definitely the most extreme that she's taken it though.

I do, however, think it's extremely crappy parenting, and I would think it would be important when deciding custody. But maybe I'm wrong about that.
 

single317dad

Senior Member
I don't presently have an attorney, although I'm thinking a consult may be in order.

I don't really care about the criminal aspect of it, although it would serve her right. She's always thought she could do whatever she wants. This is definitely the most extreme that she's taken it though.

I do, however, think it's extremely crappy parenting, and I would think it would be important when deciding custody. But maybe I'm wrong about that.
You have physical custody of a child who is nearly an adult. What are you looking to accomplish here?

As I suggested earlier: play this scenario out to its logical end in your mind, then decide if all of that is in the best interest of your child.
 

dadinMS

Member
All I want is to have custody of my children remain with me and child support to stay as is. I don't want any changes.

She didn't only file for custody of the almost adult, but our 12 year old son as well.

As a side note, the almost adult child will actually turn 18 the day before our court date, so I'm not even sure how that will play into the hearing.
 

gam

Senior Member
You have court in September and you said mom filed to change custody. Is she asking the court to change physical custody to her? Your plans are to go to court with no lawyer? What is her basis in asking the court to change physical custody?

Your daughter is 17, she really needs something strong here to get the court to agree to changing to custody. This recording is not going to really your make or break this case.

Sorry I was posting at the same time, but what I said still applies. What does she have in her favor for a custody change?
 

TheGeekess

Keeper of the Kraken
You have court in September and you said mom filed to change custody. Is she asking the court to change physical custody to her? Your plans are to go to court with no lawyer? What is her basis in asking the court to change physical custody?

Your daughter is 17, she really needs something strong here to get the court to agree to changing to custody. This recording is not going to really your make or break this case.
Posting hx. Mom lives out of state. :cool:
 

gam

Senior Member
Posting hx. Mom lives out of state. :cool:
I know that, and I ASSUME mom is asking for sole physical custody, but he didn't state that, so I asked specifically what she is asking the court. Ya never know even in out of state situations 50/50 is a possible custody situation.
 

TheGeekess

Keeper of the Kraken
I know that, and I ASSUME mom is asking for sole physical custody, but he didn't state that, so I asked specifically what she is asking the court. Ya never know even in out of state situations 50/50 is a possible custody situation.
OP is in Mississippi, Mom lives in Texas. I doubt very seriously that Mom is going for a 50/50 with the entire state of Louisiana between them. :cool:
 

I'mTheFather

Senior Member
Rather than addressing this issue head-on in court, perhaps you can request a mod that both parents are prohibited from installing spyware on, or otherwise altering, children's phones.
 
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