If I have an audio recording of my sons father admitting to smoking marijuana will I likely get sole custody?

by **gedalyahu** » Thu Jul 12, 2012 2:01 am

Recently saw marijuana at my son's fathers house and came to the conclusion he began smoking again. I have not allowed my son to go to his fathers house since, but allowed him to come to my home to see him or go to his paternal grandparents home for visits. My son's father came over to talk to me about the situation and I recorded our conversation (it's legal in VA). During the conversation, he admitted to smoking weed and also said he was not going to stop, that instead of smoking in his apartment, he would simply go outside and smoke. I filed for custody the day after I saw the marijuana and wonder if I will be able to get sole custody. I'm sorry I did not want to go in depth with my concerns, but let me add ALL of the info to share why I am concerned. I believe my son's father loves our son, but his decisions concern me. He has driven intoxicated with my son in his car, my son has put marijuana seeds in his mouth at his home, he just recently got a DUI 2 mos ago wants me to continue to allow him to come pick my son up with no license, he was selling marijuana out of his car with my son in the back seat. (i do believe he has stopped selling, but i am not certain) I spoke to my attorney, he says in the state of Virgina the wire tapping laws states that at least ONE of the parties engaging in the conversation(me being one of the parties) must consent to the recording for it to be legal. I want my son to continue to see his father regularly(supervised until he complete a drug and alcohol program). I do NOT want him to lose all his rights and am willing to modify the agreement if he agrees to complete a program and comply with drug screenings for a year or so. Is that so unreasonable? I am a concerned parent. He also does not finacially support our son and i saved a message from his stating that he is not going to help out until the court makes him.

by **ruelle** » Thu Jul 12, 2012 2:05 am

You may get sole custody, and you are very likely to have other conditions put into effect temporarily, such as the monitoring (his parents might be a good choice as monitors.)

Try to present evidence of your claims, of course, and try to present your side calmly and factually. If he were to get arrested with your child in the car, doesn't he know that the kid goes to social services before he gets back to you? Aagggh! I don't have a thing against adults smoking pot, but he is making some stupid choices and needs these boundaries put on his behavior. Good luck!

by **ayize** » Thu Jul 12, 2012 2:08 am

No.It won't be admissible,not only because its illegal,but that could have been recorded in the 1990s as you likely didn't properly date it.

by **piaras91** » Thu Jul 12, 2012 2:14 am

uh...it's NOT legal in VA unless you advised him it was being made.

by **barend31** » Thu Jul 12, 2012 2:17 am

You cannot record someone without their knowledge. He could file charges against you.

by **jabin20** » Thu Jul 12, 2012 2:24 am

lol "my son has put marijuana seeds in his mouth at his home"

OH NO...

by **tai38** » Thu Jul 12, 2012 2:41 am

"and I recorded our conversation (it's legal in VA)."

Um....where did you hear that? It's illegal at the FEDERAL level to record someone without their knowledge, or without warning tones.

Also, that would be hearsay. Good luck. A Studying of the law might be a good first step for you.

Advertisments:

Useful Links: