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Desperate Daddy Needs Answers

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2 Questions:
Question 1:
I am a NCP in VA. My 3 yr. old son lives in OH. His Mother has turned very vindictive since I left OH. She has filed false abuse charges which were unsubstantiated by CPS stating that I beat my son and my current wife. I have a court date for visitation at the end of this month. Does the magistrate still see me as "abusive" even though Child Protective Services dropped the charges? Does this effect my chances of seeing my son?
Question 2:
Also, whenever I talk to my son when he is in her home he says negative things to me, almost like he believes that he was abused by me. But he NEVER says these things when I speak to him via telephone when he is with my side of the family. She says that he is afraid of me, yet when I talk to him he asks me to "come to his house" and other things to indicate that she is lying when she says that he is afraid of me. Can I record telephone conversations between my son and I with out her consent and use them in court to show that my son is not in the least bit afraid of me? Can I record conversations with her to show her character? We both live in one party states, BUT they are interstate conversations. I am little confused about this and need some clarification so that I do not get myself in trouble when I am only trying to get as much visitation with my son that the law will allow. Thank you for any help.

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