I possible loophole to record audio for a custody battle

JamesDean123 said:
she has full custody of his child,
Click to expand...

I think it should be, based on the fact the child was not born under benefit of marriage, correct to say it's HER child.

He can, however, seek genetic testing before a court and once science establishes his paternity, he can seek visitation or custodial rights, arrange for child support resolving his concerns.
 
JamesDean123 said:
between her threats of physical harm to him, and the other many issues he's dealing with
Click to expand...

If those are legitimate and credible threats he could seek a restraining order. He could also seek an emergency custody order. These orders from the court could permit the recording of phone calls.
 
army judge said:
He can, however, seek genetic testing before a court...
Click to expand...

I'm just emphasizing this for the OP. Genetic testing will have to be court ordered and administered according to their accepted standards/processes. A home test won't cut it.
 
JamesDean123 said:
Those legal methods to communicate only about the child etc, are great, when there is an agreement in place. At this point, if he leaves her, she runs. He is stuck suffering her mental issues while trying to get these things processed and it's not been easy.
Click to expand...

He needs to see a family law attorney, as I suggested before. The sooner he files for paternity & joint custody/visitation, the better it will be. Once he files the complaint for that he can ask the court for orders that will keep her from leaving the state with the child while the litigation is going on and ask for other protections that may be appropriate. The earlier he files, the less likely it is that she takes off with the kid leaving him without access to his child.
 
I fully understand the friendship part of this. It is hard to watch a buddy go thru any type of hardships. It might be the military brotherhood in me. I also understand what you guys are trying to do as well. You want to catch this wicked lady off guard with a " Ha-Ha" we got you #*%c!. If you run a business as you have stated... Why not install a phone system that announces " We record the phone calls for training purposes"... You've been given some great advice.... He can't do this without a good attorney. Plus, as I stated I understand the friendship part of this. You need to make sure you are always standing away from the blast area of this issue. So that you don't get hit with anything that will hurt you. Your friend should fully understand that. I am glad I live in a one party state when it comes to recordings. I can't tell you how many times recording companies have saved my butt. DishNetwork, Verizon and a VA doctor are a few recordings that saved my butt big time.
 
JamesDean123 said:
He paid a lawyer for consultation and she said he needed to do these things. Thus is why I'm trying to help him get the process moved along as well as any other way I can. The problem he is running into is many procedures are slowed to a crawl or stopped due to the pandemic.

He's looked for every possible pro-bono option out there. He's ex Military 10.5 years and they have programs to help him, but those programs are all closed indefinitely. He needs to ask a single simple question to the courthouse, and when he calls, the phone number for information on the stuff he needs tells him to go to his local courthouse. His local courthouse is closed and says to call that number. It's just a giant looping mess.

We own a business that's failing. He has had no income outside of EDD/Disability pay from the military, so he doesn't have money to pay a lawyer. As I said originally, simply doing some research to try to help find answers for him. There's nothing illegal about asking questions. I'm not personally going after his girl for the problems she's causing. I'm merely researching options for him and sharing with him what I've found. It's up to him to decide how to proceed.
Click to expand...

What veteran programs are closed "indefinitely?" I find that hard to believe. I never said you can't do research but to be careful in how you word things. And actions you take with helping him.

Did you look into these:

Legal Help for Veterans - Office of General Counsel

Veterans Legal Institute

https://www.calvet.ca.gov/VetServices/Pages/Legal-Assistance.aspx

Veterans Justice Center - LAFLA: Legal Aid Foundation of Los Angeles

Veterans Project - Bay Area Legal Aid

Free Legal Assistance for Veterans

https://www.operationwearehere.com/MilitaryLegalAssistance.html
 
JamesDean123 said:
He paid a lawyer for consultation and she said he needed to do these things. Thus is why I'm trying to help him get the process moved along as well as any other way I can. The problem he is running into is many procedures are slowed to a crawl or stopped due to the pandemic.

He's looked for every possible pro-bono option out there. He's ex Military 10.5 years and they have programs to help him, but those programs are all closed indefinitely. He needs to ask a single simple question to the courthouse, and when he calls, the phone number for information on the stuff he needs tells him to go to his local courthouse. His local courthouse is closed and says to call that number. It's just a giant looping mess.

We own a business that's failing. He has had no income outside of EDD/Disability pay from the military, so he doesn't have money to pay a lawyer. As I said originally, simply doing some research to try to help find answers for him. There's nothing illegal about asking questions. I'm not personally going after his girl for the problems she's causing. I'm merely researching options for him and sharing with him what I've found. It's up to him to decide how to proceed.
Click to expand...

What veteran programs are closed "indefinitely?" I find that hard to believe. I never said you can't do research but to be careful in how you word things. And actions you take with helping him.

Did you look into these:

Legal Help for Veterans - Office of General Counsel

Veterans Legal Institute

https://www.calvet.ca.gov/VetServices/Pages/Legal-Assistance.aspx

Veterans Justice Center - LAFLA: Legal Aid Foundation of Los Angeles

Veterans Project - Bay Area Legal Aid

Free Legal Assistance for Veterans

Legal Advice Assistance for Military
 
Tax Counsel said:
He needs to see a family law attorney, as I suggested before. The sooner he files for paternity & joint custody/visitation, the better it will be. Once he files the complaint for that he can ask the court for orders that will keep her from leaving the state with the child while the litigation is going on and ask for other protections that may be appropriate. The earlier he files, the less likely it is that she takes off with the kid leaving him without access to his child.
Click to expand...

That's exactly what he's trying to do. In order to do it, he needs the PoP, and he needs the child's SS number/card. Since the office to get that from is closed, the only way they allow him to get it is to mail his physical drivers license in. He's in the process of getting a Real ID as well as a state ID so he can mail his old DL in or his State ID and still have his DL on him in the event he gets pulled over for some reason or another. It's just an extremely slow process. He spoke with a Family Law Attorney and this is what he was told he had to do. Once he's filed for that, it, as you said, it prevents her from leaving the state, as well as would allow him to file a restraining order without fear of her disappearing with the child.

As for "He could also seek an emergency custody order."... If he doesn't have the PoP and Social Security Number for the child, can he still file this, and file it without her knowing, so if they give him permission to record the calls, she is unaware? If she knows it's happening, she'll be tight lipped about it. His name is on the birth certificate, and looking at him and the baby, there isn't an ounce of doubt it's his. His son got just about every feature he has visible from him.
 
JamesDean123 said:
As for "He could also seek an emergency custody order."... If he doesn't have the PoP and Social Security Number for the child, can he still file this, and file it without her knowing, so if they give him permission to record the calls, she is unaware?
Click to expand...

Internet strangers have done all they can do for your pal.

You have done all you can do for your pal.

If your pal is mentally competent (I have no reason to believe your pal is anything other than mentally competent), your pal needs to reach out to an attorney and discover for himself what he needs to do for that he desires or requires.

When your pal is ready to proceed, I have 1000% confidence that a licensed attorney in the state where your pal resides will initiate and drive through the processes required for your pal to receive that which he seeks.
 
JamesDean123 said:
He's in the process of getting a Real ID as well as a state ID so he can mail his old DL in or his State ID and still have his DL on him in the event he gets pulled over for some reason or another.
Click to expand...

Not necessarily - some states punch a hole in the old ID to mark it null and void.
 
JamesDean123 said:
As for "He could also seek an emergency custody order."... If he doesn't have the PoP and Social Security Number for the child, can he still file this, and file it without her knowing, so if they give him permission to record the calls, she is unaware?
Click to expand...

The court won't give him permission to record a call that violates state law.
 

Share this page

Get a free case review from a lawyer
Back
Top