Taped conversation?

[ray123]

What is the name of your state? Louisiana
I have a convesation of my ex telling me she smoked weed and sole her prescription drugs. Can I use this in court? Isn't selling prescription medication illegal? Will a judge listen to my tapes?

 

[janM]

Every state is different. Some let you tape if one party is aware of it (you), in some you can if you tell the person you're taping and they don't object (or keep talking). In some it's illegal even with consent. Sometimes you can play them for a GAL or your attorney but they won't be admissible in court.

Check out this site:
http://www.rcfp.org/taping/states.html

 

[OhReally?]

What is the name of your state? Louisiana
I have a convesation of my ex telling me she smoked weed and sole her prescription drugs. Can I use this in court? Isn't selling prescription medication illegal? Will a judge listen to my tapes?

And how did you record this? And how much coaching did you do to coerce this?

 

[CJane]

And how did you record this? And how much coaching did you do to coerce this?

And how did the alleged activity negatively impact your child/ren?

 

[ray123]

No coaching was involved just flat out aked her to tell me the truth. As for as alleged activity negatively impacting my children, As ordered by the courts she needs to take 12 drug test for an entire year to make sure she is not smoking marijuana. But yet she is still smoking marijuana and returning negative test results. Negatively impacting my children? Lets get real, Do you honestly think that any parent selling Scheduled 3 narcotic drugs to other people is a safe environment for my children! The problem is that the whole system is set up for scumbags who abuse the system but continue to have custody of their kids. By the time they lose their parental rights the kid is dead, raped or so mentally screwed up that the damage is done! I've gone through 12 years of going to court so the mother can get a slap on the wrist and I'm tired of it! Is it because I'm a man?

 

[CJane]

If she's dropping negative samples, she's complying with the court order.

It's been 12 years. How is your child suffering? Grades? Emotional issues? Acting out? Abusing others? Abusing him/herself?

 

[ray123]

I see your point but it also does not state that she can smoke marijuana as long as she passes the drug test! The problem is that she is smoking her dope and flushing her system out. I had one test come back as SAMPLE TOO Dilute which still does not come back as positive. I'm hoping with the recordings I have the judge at the very least allow me to pay for her to get a hair sample test. If i have recordings of her selling drugs and using them what should I do? Go to the local Police Department and then Child Protective Services? Please point me in the right direction!

 

[CJane]

I see your point but it also does not state that she can smoke marijuana as long as she passes the drug test! The problem is that she is smoking her dope and flushing her system out. I had one test come back as SAMPLE TOO Dilute which still does not come back as positive.

Then you cannot prove she's smoking anything at all.

I'm hoping with the recordings I have the judge at the very least allow me to pay for her to get a hair sample test.

Very unlikely.

Here's the deal.

You: Your honor, I have this tape of her admitting it she's smoking pot.
Judge: Ma'am, is that you on that tape?
Her: No, sir.
Judge: Can you prove that's her?
You: Well, no.

OR

You: Your honor, I have this tape of her admitting she smoked pot.
Judge: Ma'am, is that you on that tape?
Her: Yessir.
Judge: And ARE you smoking pot?
Her: No sir. I only told him that because he's been harassing me about it constantly and I decided it might shut him up. But look, I'm dropping clean samples again and again.
Judge: Do you have any proof at all that she's using drugs?
You: No.

If i have recordings of her selling drugs and using them what should I do? Go to the local Police Department and then Child Protective Services? Please point me in the right direction!

There is no direction to point you in. Even if she IS smoking pot, it's generally not enough to get the kids removed from the home, and most PDs have too much to do to worry about busting a home-user based on a tip from an ex.

If your child is not exhibiting any behaviors that would lead a 'reasonable person' 'to think that the child is actually in physical danger or experiencing extreme emotional harm, the child is not going to be removed from Mother's custody by CPS.

She can PROVE she's not doing drugs via the clean tests. You cannot PROVE that she's doing them 'anyway'.

 

[ray123]

CJane what about her selling drugs illegally? What about her past arrest for Child Neglect? Or the time after that when she was smoking marijuana in the house with her 3 young children. CJane do you see my point? I'm not an angry husband trying to get even with my wife but I'm trying my best for my child not to be in that environment. I'm domicile parent but I am concerned with my child visiting her mother under those conditions! I just wish there was something I could do legally! I want my daughter to be in her mothers life but not under those conditions!

 

[CJane]

You're primary custodian?

What exactly are you looking for then? Supervised visits? What?

 

[Bloopy]

You're primary custodian?

What exactly are you looking for then? Supervised visits? What?

I missed that. Sheesh! What more could he honestly want?

 

[ray123]

I would like supervised visits.

 

[Bloopy]

I saw on the news were a father like myself was trying to get custody of his 3 children. He took the wife to court a few times but could not prove she was an unfit mother. Child Protection Agency went to her house on 6 different times and could not prove she was an unfit mother until finally she kills all 3 of the children. IT shows how great our judicial system is !

Dude. You have custody.

Are you hoping she'll be hanged?

 

[ray123]

Yeah but Bloop I'm still concerned for the environment that my child visits her mother in.

 

[CJane]

I would like supervised visits.

NOT. GONNA. HAPPEN.

ESPECIALLY if you're the primary.

PROVE that your child is ACTUALLY ENDANGERED by her mother and MAYBE you can get supervision. But the child is more than old enough to call 911 if she's in danger. More than old enough to be left ALONE. More than old enough to be able to determine what is safe/right for her and what is not.

So again... STOP the behavior that YOU are engaging in.