Can this be used as evidence?

My ex husband and I still live together due to rent prices and lack of income. We’re in the process of divorce. He went out with friends drinking and came home crying and talking about suicide. He can’t even take care of himself. I should have committed him but we have no health insurance and I didn’t wanna be in medical debt too with the ambulance ride and the hospital stay. Horrible choice I know. We have a lot of debt at the moment. I have him on recording because it’s been an ongoing battle with me trying to get him to give me custody of our kids, I’m in therapy and I’m mentally stable more so than him. He refuses to get therapy. He turns to alcohol and other means. I know how shitty of me to be opportunistic when he’s throwing up drunk and asking me to end his life. But I have to protect myself and my kids and they absolutely don’t need to see their dad in that way ever. I can’t trust him enough to let him have 50/50 which is what he’s fighting for. Even though he cannot physically take care of the kids. Never has since they’ve been born. Can I use the recordings as proof to at least get temporary full custody until he straightens himself out? I worry he may have done this when the kids would be at his house later on down the road. They’re 5 and 3. This is too traumatic for them to witness.

442 views • 2 upvotes • 19 comments

COMMENT (19)

Ja

Posted at
Depending on the state it might be illegal to record someone without their consent

Re

Posted at
So the US has no emergency type of insurance??? You can't get help if you are suicidal?! What a horrific country- I'm so so sorry. And yes, your husband will need to seek help before getting split custody... not sure on the recording though!

Re

Rebecca • Dec 13, 2022
Oh. Most people earning 30k in the UK would live with someone/housemates. But it all depends on the area, and conversion rates (30k US used to only be 15k UK, but it's now closer)

Re

Rebecca • Dec 13, 2022
So why do some people not get any insurance? It blows my mind!!

Ka

Ka • Dec 13, 2022
My husband made $55k and we were eligible for free healthcare. We were on it for a while. You can even get a healthcare called MAWD through the state, you have to have qualifying things (like mental health, health issues, etc) to qualify and you pay a small monthly payment based on your income. My husband was on that for a while when he didn't qualify for the insurance.

bn

Posted at
You said, you guys don’t have health insurance. You can apply for Medicaid. When you start the divorce filling you can show your income or lack thereof and then you can get Medicaid.All that said, typically Medicaid looks at your income of the last 3-6 months. But you’re trying to divorce him so your case is different.

To

Posted at
You absolutely need to use the evidence to file for full custody. The children won't be safe with him.

Sa

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Yes u can n I would

Za

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Get a divorce lawyer and tell them what’s happening record him saying it as well It will be evidence I hope he gets helps that’s toxic and not healthy for you and you kids

Li

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If you want what’s best for your kids, you should try to get health insurance. What if they get sick? How are you paying for therapy for yourself? If he wants the kids, then he needs to help himself first and that includes therapy and psychiatry.

💕

Posted at
Maybe google your states bar association for a cheap attorney to answer some questions. They should be able to confirm that. Video evidence is not allowed in a lot of states. Has anyone else witnessed this behavior?

ka

Posted at
Depends on what state. Some yes, others no. I know a situation where, in a custody battle, the divorced mom actually ended up being committed to the hospital due to alcohol poisoning and they had medical records and everything and the court wouldn’t take it as evidence because she had made sure her kids had a sitter. Ie, it didn’t matter what she did on her own time, it was illegal. Her lawyers also made her ex husband look like a POS for even bringing that scenario up. I’d use whatever you want sure but know that counterclaims happen and have your lawyer be able to answer them. I feel like in many states, it comes down to financial stability over stuff like this. It’s hard to strip parental rights away if the other person has a place to live and a good job—or if you do not and they do. Unless it’s direct child endangerment, abuse or illegal activity. Which really sucks

ka

kay • Dec 12, 2022
* it wasn’t illegal