Court Next Week - Help With Proving Mom Unfit

[Humusluvr]

Did that poster delete his/her post? I tried to respond and it never posted.

Probably.

Quoted, for posterity

Originally Posted by smrtnrgtc1983 View Post
WTH is wrong with you....DO you NOT know how to READ....he stated that he has numerous proof that SHE is an UNFIT mother...OMG....

Dude...you GO fight for your child and ignore this ranting idiot!!!!! YOU HAVE EVERY RIGHT!!! Good Luck...

 

[SingleDadNTN]

You should be very careful with that. Recordings must be obtained with the proper permissions, and may cross State lines - where you could run into jurisdictional problems.

Don't try to use those in court unless you make sure you have followed the proper procedure - or you could end up in more trouble.

I did. Both in TX and TN, law states you can record conversations as long as 1 party in the conversation is privy to the recording. So I know I am good on that. Also I know a sheriff who sits in the courts for juvenile in the county I am in and he said they are used everday in court with no problem.

Thanks for looking out though!

 

[Just Blue]

I did. Both in TX and TN, law states you can record conversations as long as 1 party in the conversation is privy to the recording. So I know I am good on that. Also I know a sheriff who sits in the courts for juvenile in the county I am in and he said they are used everday in court with no problem.

Thanks for looking out though!

Were these conversations (for both parties) done on landlines or cell phones? Because if they were cell phones, for EITHER party, then Federal Wire Tapping Laws would come into play.

 

[hollidaz1984]

Were these conversations (for both parties) done on landlines or cell phones? Because if they were cell phones, for EITHER party, then Federal Wire Tapping Laws would come into play.

I didn't know about the Federal Wire Tapping Laws would apply. Thank you for the information.

I found this link to the Federal Wire Tapping Laws: Donate to the Legal Information Institute

Is this what you were talking about? Or does it vary state by state? I would think that since it's a Federal thing it blankets all states, correct?

 

[mommyof4]

Well at first I was still co-dependent. I didnt realize how bad i was until i started to go to Al-anon and talk with people. I am ashamed to say this but I was not putting my daughter first. I was more worried about trying "fix" my exs problems hoping it would get better. I thought my ex was going down to enter rehab with her family and get help. That changed 2 weeks later at about 2AM when she called me drunk as hell. At that point I knew she was not getting better and that I should be able to raise my daughter until she can get straight. While she may be safe with grandparents, they are only covering for their daughter and also do not encourage a relationship between my daughter and I. My daughter deserves much better. Also I know I am doing the right thing because on Thanksgiving after a day before email and a day of phone call asking to talk to Kaydence went unanswered/ignored the mom called me at 10PM on her way to be drunk (admits drinking on phone call that I recorded).

Okay, for argument's sake, let's just say that all recordings are 100% legal.

Now, you say that she admitted that she was drinking during the phone call. Did she SPECIFY what she was drinking? See, if she just said she was drinking, it would be easy to say that she was drinking water, kool-aid, OJ, soda....

See where I'm going with this?

Further, even if she DID say she was drinking a beer (or whatever), that in no way means she was 'on her way to getting drunk'. I and many, many others enjoy a nice, refreshing alcoholic beverage without getting drunk.

Yes, I know her history as you provide it. However, again, you are stuck with the issue that you let her move to TX with the child KNOWING that she has an issue with alcohol. You thought it was in the child's best interest because you couldn't or wouldn't afford to financially support your child either in your home or via child support.

My problem is that I think (and have thought since your first thread) that you allowed this situation to come to be in order to avoid financially supporting your child. Now, I'm not an atty, but if she has one (and I have to think that she will) I have to think this is going to be one argument s/he will bring up in court... that you are now going for custody in order to avoid child support.

Most (if not all) of what you have posted here as 'proof' that she is unfit is nothing close to actual 'proof'.

 

[Just Blue]

I didn't know about the Federal Wire Tapping Laws would apply. Thank you for the information.

I found this link to the Federal Wire Tapping Laws: Donate to the Legal Information Institute

Is this what you were talking about? Or does it vary state by state? I would think that since it's a Federal thing it blankets all states, correct?

Is the OP your boyfriend?

 

[hollidaz1984]

Is the OP your boyfriend?

No ma'am.

 

[SingleDadNTN]

Update

Ok so I found out from the YSO today that the mom will not be there for court on monday yet she was subpoened. She said that she couldnt afford a ticket and that after the new year she could. Is there anyway I could get the judge to award me temp custody until mom can make it to court.

Facts are she has been down there for 9 weeks. She has never held a job so she doesnt have experince or a career. Lets say it takes a week to get a job. Lets say its $6.00 and she does 20 hours a week. That would put her making between $700-$900 over past 8 weeks. She is living with mom and dad and has no expenses. I really dont see how she cant afford it. She has known about court for 5 weeks.

I honestly think its just a stall tactic so they can have Kaydence for Christmas as well. Please not I have not seen my daughter since end of Sept and have not talked to her since Start of Nov. They have completely taken me out of her life. I have sent 2 registered letters down 2x each with a $300 check and letter asking to speak with kaydence. Refused everytime.

Any possible way or tips I can use to try to get the judge to grant me immediate custody. I mean I was nice and did 20hrs a week and did it at almost minimum wage...

Contempt of court maybe?

 

[CJane]

YSO?

You're a man of many contradictions... first, you were totally OK with Mom having the kiddo in TX with her for now, as long as you could use lots of stuff against her LATER. Then, you wanted visitation because you couldn't afford to have your child with you. Now, you want full custody and can't understand why Mom might not have the money to get to TN for court and still feed the child you're not helping support (yeah, I know... no court order and you did send checks - but the kid is still eating and it's not on YOUR dime, is it?)

Whatever. If she was granted a continuance by the court, there's nothing you can do but wait for a new hearing date. And no, you'll not get temp custody in the mean time.

 

[meanyjack]

Ok so I found out from the YSO today that the mom will not be there for court on monday yet she was subpoened.

So did she file for a continuance?

 

[Nativity]

Why don't you buy her a plane ticket and then you won't have to wait?

 

[stealth2]

Facts are she has been down there for 9 weeks. She has never held a job so she doesnt have experince or a career. Lets say it takes a week to get a job. Lets say its $6.00 and she does 20 hours a week. That would put her making between $700-$900 over past 8 weeks. She is living with mom and dad and has no expenses. I really dont see how she cant afford it. She has known about court for 5 weeks.

Dude - do you listen to the news? Do you have any idea what the unemployment rate is at the moment? Do you know how many people are looking for work? A week? What planet do you live on?

 

[LdiJ]

I would ask the judge for full temp custody. Stating the child was taken out of state originally the agreement was and state the facts then request the child be returned stating the reasons why the original agreement is not working. The child's residence is in Tn.

He already did that. That is what apparently got continued.

 

[meanyjack]

Lets say it takes a week to get a job.

I am going to second what Stealth said because it's spot on. In November ALONE over HALF A MILLION JOBS were cut (533k). In just the past 3 months, over ONE MILLION JOBS have been lost. Even retail is cutting jobs right now -- and at a time when they're usually hiring more help. The predictions are it's going to get even worse before it gets better. Some economists are predicting an 8% unemployment rate before it starts rebounding. And it's going to be a very, very slow rebound (they're predicting mid-09 at the earliest).

We're looking at one of the longest recessions in history and the SECOND WORST in history (or maybe it's the other way around...either way, it's miserable). Even fast food part-time jobs are hard to come by.

So people who are so freely telling some posters to "get a second job"...how about holding off on stating that. Open up a flippin' newspaper or watch CNN for 5 minutes. Holding onto 1 job is difficult and uncertain enough -- let alone trying to get another one.

 

[LdiJ]

I am going to second what Stealth said because it's spot on. In November ALONE over HALF A MILLION JOBS were cut (533k). In just the past 3 months, over ONE MILLION JOBS have been lost. Even retail is cutting jobs right now -- and at a time when they're usually hiring more help. The predictions are it's going to get even worse before it gets better. Some economists are predicting an 8% unemployment rate before it starts rebounding. And it's going to be a very, very slow rebound (they're predicting mid-09 at the earliest).

We're looking at one of the longest recessions in history and the SECOND WORST in history (or maybe it's the other way around...either way, it's miserable). Even fast food part-time jobs are hard to come by.

So people who are so freely telling some posters to "get a second job"...how about holding off on stating that. Open up a flippin' newspaper or watch CNN for 5 minutes. Holding onto 1 job is difficult and uncertain enough -- let alone trying to get another one.

While I agree with all of that, I will slightly disagree about part time jobs. They are still pretty available because employers can add and subtract part time employees at will, as needed, without worrying about unemployment compensation or the cost of employee benefits.

Some employers are hiring only part time employees at this time.