Need Legal Advice If Possible

In the state of california I believe a person has to know they might be tape recorded for it to be legal. If you tape record someone without their knowledge it is considered illegal. Good Luck

Don't know what state you are in but in California even if it is in his name if it was bought during the marriage it can be considered community property. I am assuming the tape recorder has tapes. Those you could bring in but not the recorder without special permission from the court. But there is no guarantee the court would listen to them. I would transcribe what is on the tapes and give the tapes and the transcrition to my lawyer so he/she can determine if what is on there can be used. GET A GOOD LAWYER, NOT A CHEAP LAWYER. The decisions that are being made will affect the rest of your life. You need someone who knows and understands how the system works to guide you through it and protect you along the way. Good luck on starting your new life. Just remember because you have a child together he will never be completely out of your life.

Agreed that if you don't have a good lawyer, you need one to protect yourself.

As for the vehicle, if it's in his name and not both of yours, it may not be considered a shared asset. You need to check the laws in your state.

The tapes should be able to be put into evidence, but you really need that lawyer to make sure it's put in properly to have as strong of a case as possible.

Hmm? Thats a hard one. I think the truck thing is what it is ....his....unfortunately. Unless you have a good relation that he ALLOWS you to BORROW it...its his.
As far as the tapes...you know...you always hear about how "tapes arent admissible evidence"...I think it depends on the court...small claims will accept them under certain circumstances....otherwise, probably no.
D, Girl....get yourself a good lawyer....and BTW...GOOD LUCK!!!!

my brother went thru this. u hav to provide a Very good reason to keep the vehicle. a recording of you arguing is meaningless. u hav to serve him with an order of protection first. then while its active fight for custody

Ok, legally for the truck, if your name is not on the paperwork for it either with the lienholder, financial company or title you have no right to the truck unfortunately.

As for the voice recording you have to have those transferred into written documents because, crazy as it sounds, voice recording are inadmissable and are usually considered as heresay unless properly transferred.

as for your son, depending on his age, the court may deem you sole physical custodial parent with joint legal custody with mandatory supervised visitation until all requirements are met by the childs father. That would be the best case scenario more than likely. If he has ever hit or abused the child that may stand in your favor for custody or if cps has ever gotten involved with thechilds welfare.

good luck to you, I really hope you the best for you and your child.

If the truck is in his name its his unless you can prove you have a good reason to keep it and a nice (caring) judge. Maybe work something out with the soon to be exhusband if you can.
As far as the custody goes. Will your stb-X fight you for custody? If so... sorry to repeat but you will need a good lawyer. Especially if he has issues. How old is the child? (If old enough he/she can tell the judge where they would like to live.)

Good luck! You will definitely need it!!

You need to get a lawyer.

DON'T buy anything new until the divorce is final... or it gets split in the divorce.

For everything else:

LAWYER LAWYER LAWYER LAWYER.

Never, ever, EVER deal with the legal system without one. There's a reason why law school is 3 years long, and why it's so heinously difficult to do well in. It's because the LAW is that complicated. You need a good lawyer. Badly.

Hello, I am not a legal expert, but when my husband and I had guardianship of one of our grandsons, we were told that we couldn't bring any electronics into the courthouse or into the mediation building. I don't know about where you are, but we were in San Diego. Also, I would ask the advice of a lawyer or paralegal about the truck as well as the tape recorder.
What I would also like to suggest is that you keep in mind that your child's father is his father and to keep your opinion from your son. Also, document EVERYTHING. I could come in helpful.
Good luck with your precious son.
K. K.

If you keep the truck in his name - it may backfire on you - it may give him the right to come and take it - or accuse you of stealing it.

You can't secretly take record him. If he knows you're tape recording, it's okay. And, then you could take it to court.

You must get a lawyer. You would be VERY VERY bad advised to represent yourself in a case involving custody. Get a lawyer!

You live in California, so if the truck was bought while you were married, it is community property. In order to keep it, you will have to come to an agreement - you can buy him out of his half or vice versa. Everything you bought while married is owned by the two of you 50/50 - period. Everything bought before marriage is the property of the person who bought it unless community property $ was later used to pay for it (mortgage for example, then it can get sticky). Inheritance is the sole property of the person who inherits it. You see, there are many scenarios. As so many have said before me - you MUST get a good lawyer, you will be so much happier and relieved that you did.

Just try to remember to stay as civil and level-headed (i.e. un-emotional) as possible when dealing with your ex and try to only communicate via email so everything is documented. And, once you have an attorney, stop all communication with him whatsoever and just direct him to your attorney anytime he contacts you.

Good luck,
S

Your lawyer should be able to put together a document for you with a transcription of the tapes and your concerns about your husband. You can give the judge the actual tapes as back up but make copies first so you have a set. If the truck is your only mode of transportation and you've been using it during the marriage you should be able to keep it. My sister in law kept her car that was in my brother's name after the divorce until the lease was up on it. After that she leased a new one in her name but my brother pays for it until he has to stop paying alimony.

Good luck!!

When he is being recorded and going off on you, is he threatening you? That may be something they would consider, but if it is just that he is sick of you, bla bla bla, I am sure they will not want to hear it.

The property depends on the laws of your state. Here in Nevada, it is a 50/50 community estate, so in that event, I would have not problem keeping a truck that was in my husbands name.

An attorney is what you will need. Perhaps the attorney can assist in getting him in to some type of anger management, which will probably just piss him off.