Taping telephone conversations

[jen433]

I have just started the divorce process with my husband. We have a 3 month old child. The last few months of my pregnancy he had an affair with one of his employees and now she is pregnant. For obvious reasons, we are splitting up. He has told me on several occasions if I will leave the marriage with nothing and not ask for child support, etc he would sign over his rights to our child. I now wish I had took him up on this, but my attorney convinced me he had a duty to help provide for the child. So, since I asked for child support he demanded visitation EVERY day with the baby, two hours weeknights, four hours each weekend day.

The whole situation has been a very traumatic one for me. He's lied continuously, begged me to try and work things out, and then I'd find him at her house later that same day. After months of this, enough was enough and I've had it. There have been several occasions when we have been talking on the phone and I get hysterical and completely lose it on him. The last time this happened the kids were in the car with me (although they were both asleep and didn't hear any of it) and I found him once again at her house after begging me to take him back hours before. My questions is...I suddenly began to wonder if he's provoking me in order to get such a hysterical response and then taping the phone call so he can go in court and say "See, she's hysterical, screaming at me in front of the kids, she's an unfit parent" and try to get full custody. I may just be paranoid, but now I'm worried. He's a very manipulative person and I wouldn't put anything past him at this point.

Do you think a judge would look at that and consider me unfit somehow? Is it even legal to tape record phone conversations and use them in court? I'm in Kentucky.

Thanks

 

[Terence Beckham]

I have just started the divorce process with my husband. We have a 3 month old child. The last few months of my pregnancy he had an affair with one of his employees and now she is pregnant. For obvious reasons, we are splitting up. He has told me on several occasions if I will leave the marriage with nothing and not ask for child support, etc he would sign over his rights to our child. I now wish I had took him up on this, but my attorney convinced me he had a duty to help provide for the child. So, since I asked for child support he demanded visitation EVERY day with the baby, two hours weeknights, four hours each weekend day.

The whole situation has been a very traumatic one for me. He's lied continuously, begged me to try and work things out, and then I'd find him at her house later that same day. After months of this, enough was enough and I've had it. There have been several occasions when we have been talking on the phone and I get hysterical and completely lose it on him. The last time this happened the kids were in the car with me (although they were both asleep and didn't hear any of it) and I found him once again at her house after begging me to take him back hours before. My questions is...I suddenly began to wonder if he's provoking me in order to get such a hysterical response and then taping the phone call so he can go in court and say "See, she's hysterical, screaming at me in front of the kids, she's an unfit parent" and try to get full custody. I may just be paranoid, but now I'm worried. He's a very manipulative person and I wouldn't put anything past him at this point.

Do you think a judge would look at that and consider me unfit somehow? Is it even legal to tape record phone conversations and use them in court? I'm in Kentucky.

Thanks

Firstly can you clarify -both kids? You mention you have a baby from him but then say 'both' kids in the car

As regards the visitation the child has a right to be both supported and have their father in their life. 2 hours a day/4 hours amounts to just 18 hours per week, which is just over 10% of contact. It sounds vindictive and selfish when you put EVERY day in capital letters. Start 5thinking of this childs life and not your own hurt.

This Father may well have been a love rat -but you have to put that behind you and do what is right for the child.

And what is right for the child is to have both parents fully involved in their lives unless there is absolute proof that one of those parents presents a threat to the childs well being. He needs to understand this too.

 

[bulldogg70]

Well, well, well this is just sad. The father will give up everything for his own flesh and blood up so he can hold onto his materialistic things.... hmmm ! ! ! I agree with your attorney he does have an obligation, but the real question is, “should it be held over your head in such a manner to prevent you from being the best you can be???”
He can record the phone conversations however, if he does not record the complete contestations, how much weight do you think he will have in court with it. Also, if you believe he is doing this, regardless if he is or is not, why would you explode on him. If he is going to be a piece of shizzie, he is going to do that regardless and letting him play with your emotions is not helping you at all. Let it go and stop getting into those type of conversations with him.

 

[king sol]

Law on tape recordings vary from state to state. What state are you from?
I believe it is even illegal to record a persons conversation in a few states without there knowledge.

The bigger issue, I must agree with the previous poster, is the children. You should try no matter how difficult to always consider the best interest of your children. And not what you think is in thier best interest. A child is entiled to a loving a continuous relationship with both parents. Your child/children are really lucky if thier father is really interested and motivated to spend everyday with them.

Divorce and seperation brings out a lot of anger and fears. Hopefully, a lot of what was said in the beginning by dad was just his anger or fear of the unknown!

 

[stealth2]

KY is a one party state, so he can legally record phone calls with you. So just make sure you don't give him any ammo.

 

[BelizeBreeze]

KY is a one party state, so he can legally record phone calls with you. So just make sure you don't give him any ammo.

Whoa Nellie.
Remember that conversation we had a while back with Jet? Remember the NATURE of that conversation?

Now poster, you were in the car when this happened correct?
Is that a hint stealth? (and everyone else)

 

[snostar]

I know, I know!! <hand raised>

 

[BelizeBreeze]

I know, I know!! <hand raised>

Wait your TURN you Hampton hussy

 

[stealth2]

Nah, I don't recall the conversation, actually.

 

[BelizeBreeze]

Nah, I don't recall the conversation, actually.

FCC regulations on interception of radio transmissions. It's a cell phone. State law does not apply.

 

[stealth2]

Sweetie - did it occur to you that she's not ALWAYS on the cell when he tries to provoke her? That he might like, you know - call her house and tape those calls?

 

[snostar]

Wait your TURN you Hampton hussy

Shuuuuut up!! <said with a yankee accent>

For more information:

http://ftp.fcc.gov/cgb/consumerfacts/interception.html

 

[BelizeBreeze]

Sweetie - did it occur to you that she's not ALWAYS on the cell when he tries to provoke her? That he might like, you know - call her house and tape those calls?

Sweetie, in THIS thread she was. And That's all I care about. I TRY not to assume anything, extrapolate any facts outside the thread or otherwise get involved.

My life is boring enough without inviting posters in

 

[stealth2]

Actually, darlin', she only mentioned the cell call as an example of the last time she lost it on the phone. Her question wasn't specific as to that one incident.

 

[BelizeBreeze]

Actually, darlin', she only mentioned the cell call as an example of the last time she lost it on the phone. Her question wasn't specific as to that one incident.

Then come and sit on my lap and we'll discuss it