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I am very sorry to hear of your difficult situation. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.
Do you have any record of the verbal abuse such as police reports, recordings, documentation by therapists, or witness testimony?
No official record. Witnesses to verbal abuse to me but not to my daughter. If I record him without his knowledge could this be used?
Hello again, Maggie.Yes, in Missouri it is typically legal for one party to a conversation to record the conversation. So if your spouse is being verbally abusive, you can legally record your conversation with him and it can be used as evidence in a court of law normally.That would be my first suggestion to document the abuse. In addition, if the abuse ever escalates to physical abuse, make sure you document any injuries to you or your daughter, including taking pictures of any bruises or other marks and file a police report regarding such incidents.The testimony of any therapists or school officials is also helpful if they are informed of the abuse as part of their treatment or education of your daughter.You could also maintain a journal of the abuse, which can be used in a custody hearing as well, especially where it involves abuse toward your daughter by your spouse. If you have documented the incidents well, that would typically put you in the best position to avoid having to permit your spouse visitation with your daughter, or at least unsupervised visitation.
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