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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Ms. DeLoe, My Son is 7 years old. He will be 8 years old in

Customer Question

Ms. DeLoe, My Son is 7 years old. He will be 8 years old in May. We still do not have a court date. My Son's Father will not stop making recordings of him. He keeps a recorder on the entire time my Son is visiting with him. My Son's Father is manipulating
him and making him say things on tape that are not true. The statements are also not a true reflection of how my Son really feels. I also believe he is twisting any video footage of my Son to use as evidence in his Favor. Other members of Noah's Dad's family
are involved in this manipulation too. They will call my Son, recording the conversation, with the intention of making him say things he really does not feel. Will a judge allow these recordings in the courtroom? Should I make recordings of my Son?
Submitted: 12 months ago.
Category: Family Law
Expert:  Samuel II replied 12 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Courts will often listen to the wishes of children, but rarely take into account the wishes of very young children. And so at the age of almost 8, I suggest you could request the court to talk to your son in chambers, out of earshot of both parents so the child is not intimidated by either parent. And the child could talk freely about living with Dad and Living with Mom.

Keep in mind, that courts generally prefer to have joint parenting. That means equal time with both parents. As to the recordings, I suggest your attorney can and should object to them being introduced as evidence. And the basis would be the authenticity of the recordings as they could be edited, etc to make it appear to be something it is not. So I would not worry about those recordings.

Remember, the court will award custody based on the Best Interests of the child. And in that regard, the joint custody scenario is what a court prefers.

Expert:  Samuel II replied 12 months ago.

I suggest, that you do not need to subject your son to more recordings. Think about how he is handling being recorded. You want to show a court that being with you is in the child's best interests. And that you would never try to intimidate him into saying or doing anything. I suggest, that when you talk to your attorney on this matter, they will also explain the type of custody that is available - such as Joint Physical and Legal custody and that unless the evidence shows the one of the parents is totally unfit, this is the preference of most courts.

Expert:  Samuel II replied 12 months ago.

Please let me know, if you have other questions or need more information or clarification in this regard.