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Old 04-03-2003, 01:32 PM
unfairreview
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toostupid


What is the name of your state? AL
If a man has phone records and taped conversations (in his own house on his own property) proving his wife is having an affair, does he stand a chance of getting full custody or at least joint custody of his child? Also, if he has witnesses that would get on the stand and testify that she was indeed having an affair, would that help? Would it be better for him to have pictures?
  #2  
Old 04-03-2003, 03:09 PM
Don_Trump
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No pictures are a bad idea - The courts prefer to have evidence like tape recorded phone conversations which would be inadmissable in court since the conversations were taped without consent.

Also forget about the witnesses, they just waste time.

Your case would be a lot stronger with no pictures, inadmissable wiretaps and no evidence.

I'm sure the courts would hand a child over to someone with your keen intellect.
  #3  
Old 04-03-2003, 07:51 PM
Ex Is Nuts
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If the wire taps were done without consent, no they are not admissable. They are only admissable if the person is part of the conversation (which varies state to state), or if they have the consent of the 2 parties being taped.

Pictures are helpful, but they need to be of them in the act of something (making out, kissing, touching in private areas... something that shows more than "friendship).... (date stamped pictures are much better)

Video recorders help ALOT.

If you can get any/all of the LEGAL items listed above, then phone records will help. But phone records all by themself do not prove much.....

Witnesses are good, if they are credible.

Proving adultry may HELP to get custody, but won't be the only determining factor**************.
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Old 04-03-2003, 11:13 PM
Boxcarbill
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Re: toostupid


Quote:
Originally posted by unfairreview
What is the name of your state? AL
If a man has phone records and taped conversations (in his own house on his own property) proving his wife is having an affair, does he stand a chance of getting full custody or at least joint custody of his child? Also, if he has witnesses that would get on the stand and testify that she was indeed having an affair, would that help? Would it be better for him to have pictures?
And one more time: The courts have repeatedly held that adultry goes to the husband/wife relationship and not to the parent/child relationship. Therefore a parent may be an unfaithful spounse and, nevertheless, be a good parent.

If you want custody, I suggest that you focus your efforts on proving that you would make the better custodial parent, rather than your disappointment with the wife. That means proving up a plan for taking care of the child. Where the child live. If applicable, where is the school located, within walking distance, will the child ride the bus; where is the bus stop located. Will you drive the child to school. What arrangements for picking the child up. What are your working hours. If applicable what day care has been arranged. Are you familiar with the child's favorite foods, the name of your child's best friend; the child's teacher's name; the child's favorite subject; etc.

You would be surprised how quickly custody is dispatched upon the parent's inability to address these types of questions.
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