she is a drug addict.

[franco8]

What is the name of your state? california. i filed for divorce one month ago. my wife is a drug addict because i had found drugs and pipes in our room. she always denied it and said is not her's. she wants custody of our kids all under age, but i know she will not take care of them. my question is? can i record her when she is in the phone to prove in court she does drugs. my son told me the other day her friend call her and told my son she was looking for drugs. please any seriously advice will be appreciated. thank you

 

[ghimsea]

I'm not a lawyer but my friend is going through a silimar situation with her husband. I just wanted to encourage you to keep a log of EVERYTHING that happens. Any contact you or the kids have with her, any meetings she is late to, be sure to add quotes, etc... And be sure to date each entry and list any witnesses that were present. It's easy to forget things as time goes by and having a list of all the different situations will help you as well as an attorney see the patterns of her behavior. In my friend's situation the drug addict pretty much has been digging his own grave. It's important not to let on that you are keeping track of everything or else she will start putting on an act and make it difficult. I don't know if recording her on the phone will hold up in court but maybe you could do it so that you can transcribe the conversations.

Search for a really good attorney who is willing to do what's best for the kids. They are the ones that matter most in a situation like this.

 

[Lil Miss Smarty Panties]

No you can't record her phone calls without her consent and the consent of the other party as well. CA is a two party state which means all parties who are participants in the phone conversation must know they are being recorded and give consent to be recorded.

 

[stephenk]

are you still living with her? If no, who has the kids now?

 

[franco8]

thanks for all the advice

yes, i am still living with her until we appear in court. i bought a house and i won't be able to pay the morgage and give her money, if i leave with my kids. i will keep a log of everything that she does wrong from now on. she dosen't work and i still get my little one ready to school because if i don't she won't send him to school.yes, my only concern is the safety of my kids. thanks everyone for your advices.

 

[osran08]

my ex is the same way. I'm in the process of keeping a log of when i call and he doesn't return the call cause he's to jacked up i'm sure, and having my mother keep record of when she goes to get him and there is stuff in the house. I don't live in the same state as he does so it's a bit harder for me. Just know you are not a lone and hold your head up.