Legal Question in Family Law in Georgia
Husband making custody threats
I am considering divorcing my husband. We have one child. He has told me as recently as yesterday that if I leave he will fight me for custody of her. He said that if I win he ''has to see her sometime and when I do, I'll take her and you'll never see her again''. He said that even if I tell the judge his remarks, it's his word against mine and I can't prove it. Will it help if I can get his comments on tape? If I can't, will my word be taken on this and his intent to steal her be taken into account?
Thanks
3 Answers from Attorneys
Re: Husband making custody threats
If you were my client, I would definitely want you to get his statements on tape. However, due to what is at stake here, you should consider immediately hiring a local attorney knowledgeable in divorce law, even if it is only to advise you while you make up your mind about divorce. Expect to pay an hourly fee.
Re: Husband making custody threats
Recording him is the best way to prove the statements, but you have to be careful how you do it. The sight of a recorder may make him violent and try to destroy the recorder. You can tape record your conversations with him, but you cannot attach a recorder to the phone line to record all conversations, only those to which you are a party. I suggest you consult with an attorney on this matter.
Re: Husband making custody threats
I would advise you to get his threats against you and the child on tape. I would also advise you to seek a restraining order if there is any bodily harm or threats being made against either you or the child. You should seek counsel immediately and get advice on proceeding with your divorce action if you truly feel the marriage is broken beyond repair.
Good Luck!
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