Legal Question in Family Law in Texas
Could I lose my kids?
My husband filed for divorce after I left him due to abuse. I am living with a female that I am having relations with. My husband taped a conversation we had without my permission admitting to sleeping with this woman. He is trying to get full custody of our kids due to this. On my side, this man has raped me, tried to strangle me, and is being investigating for highly probable sexual abuse with our daughter. He has police reports concerning his abuse. Is it likely that my sexual preference will offset the true issue: his abuse? Is it legal to record someone on the phone without permission? Is it immissible in court?
1 Answer from Attorneys
Re: Could I lose my kids?
Generally speaking, it is legal to tape-record a telephone conversation so long as at least one person on the phone is aware of the tape recording. Also, if a proper foundation is laid, tape recordings are admissible in court.
As to your other questions, the primary focus of the family court is supposed to be the best interest of the children. You are not necessarily out as the primary custodian, but I would have to know much more about your case to give you an informed opinion. Please contact our office if you would like to visit with us.
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