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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118780
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I split from my ex and she moved back in with her mother. I

Customer Question

I split from my ex and she moved back in with her mother. I talk to her mom and her mom says she is unfit because she puts herself before she puts her kids. I have a 1 year old daughter with her and her mom is with her while she works and her is saying she is unfit and she puts herself before she puts her kids. Her mom says they argue because she doesn't like to buy groceries for her kids and all she does is get her nails and hair done before she makes sure the kids have what they need. We got into a heated argument last week Infront of her mother and my daughter and she said my mom knows I'm a hoe so what
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sc
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
She is emotionally unstable
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What you need to do is file a petition for custody in the court. You will need a local attorney to represent you in this matter and file. You will allege in your petition you are seeking physical custody for the children based on her not properly providing for the children. You would not make mention in the petition that her mother is your witness, but you would call her mom to court to testify that she is not fit to raise the children at this point and the court would generally be willing to issue an order granting you custody.
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Customer: replied 4 months ago.
But I don't think her mom is going to testify seeing as if it's her daughter
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
All you can do is call her to testify in court as a witness. Other than calling her to court as a witness, you need to build up your other evidence of her not being fit to be a parent.
Customer: replied 4 months ago.
Could I get phone conversations between me and her mom and record them
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Under SC law you can record a conversation, but in court you would need to call her to testify and then if she does not testify as to what she said on the phone call you would produce the tape in court and impeach her testimony by playing the tape. You cannot just play the tape without her testimony.