Legal Question in Family Law in Pennsylvania

Are audio tapes admissable in court for child custody?

My bf is getting ready for a legal battle with his wife for custody of his 4 kids.The 2 youngests are girls,2 and 4, they have lived with the mother since her and my bf split up over a year ago.The 2 oldest are boys,11 and 13,they have lived here with their dad the whole time,My bf and his ex worked out a visitation agreement on their own and it's worked so far.His ex has recently met a guy from online and has decided to move to NJ with him and wants to take the girls.She says she is still willing to uphold their agreement for visitation but of course there will now be a 2&1/2 hour drive to and from NJ every Fri and Sun. The problem is, my bf has decided that he does not want the girls to live out of state and is going to fight for full custody of all 4 kids.He wants to prove his ex to be an unfit mother and the way he plans on doing this is by an audio tape he has of his ex talking on the phone(he didn't tap the phone, the recorder was hidden in the room)in the tape she discusses seeing other men during the day while my bf was at work and he also beleives she was sneaking men in the house while he was sleeping.But he has no real proof of that What are his chances? The girls are well taken care of and they love their mother


Asked on 1/03/05, 1:55 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Are audio tapes admissable in court for child custody?

Her infidelity is inmaterial to her ability to be a fit parent. Your BF should file in PA so that jurisdiction is established here instead of having the mother file in NJ. A Court may not prevent her move, but it might impose the burden of travel on her for visitation. I offer free consultations.

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Answered on 1/03/05, 4:14 pm


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