Legal Question in Family Law in Missouri
to gain info for an eventual change in custody
My husband has just won joint legal custody of his 4 yr old daughter, was enver married to the mother. Eventually, he hopes to gain full physical custody, and has been recording everything down in hopes the mother will mess up (Jackson county, by the way. I would like to know the rules regarding recording phone conversations. Also, my husband is on the birth certificate, pays child support, and obviously has joint legal custody now. But the child does not have his last name. What can we do, and what kind of a fight are we looking at if the mother contests?
1 Answer from Attorneys
Re: to gain info for an eventual change in custody
Missouri is a one-party consent state, which means it is legal to record a telephone conversation as long as one party to the conversation is aware that it is being recorded. However, the admissibility of such evidence in a child custody hearing is a different story. Depending on the specific facts, such evidence may or may not be admissible in a hearing. As far as the name change, your husband could petition the court to change his daughter's name now that paternity has been established; however, it is in the court's discretion to decide whether or not to change the minor's name. Given the facts you stated, I would probably not recommend seeking a name change at this time.
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