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Majority of the time; my stepsons are in my care. My

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stepson's (the oldest is 11yrs...
Majority of the time; my stepsons are in my care. My stepson's (the oldest is 11yrs old, the younger is 7) mom sends him with a phone during his visitation to speak with her for 15mins on Saturdays and Sundays (mandatory per my husband and his ex-wife decree). Do to the aggression of my stepsons moms boyfriend/baby father (she had a baby late November), I decided to check his phone and discovered several alarming text and photos. I took pictures of each and every text and photo. After seeing these things (text to a friend where she states she's "trying to move ASAP" and "it's not safe", he's stalking my stepson showing up at his school functions, brandishing an automatic weapon during facetime conversations with his mom threatening to commit suicide, etc.), my husband and I decided it was time to try to get physical custody of the boys. I also have several voice recordings of the boys (11yrs old and 7yrs old) on My (I'm the step-mom) phone that coincide with the text found on the phone. When the boys are with me, they open up like a book and vent all of their concerns and worries. A few of the recordings the boys even admitted to their moms boyfriend putting soap in the 7yr olds mouth; this is relevant because when the boys initially told us about this, we called CPS and the case was closed because the boys were told by their mom to lie or they would never see her again; they were afraid. I could go on and on about the evidence I obtained, however I'll just ask my question, I wanted to give you a broad scope to help you better answer. Because the boys didn't know they were being recorded on my (stepmom) phone, and the photos I took were from my stepsons phone (which is technically his moms phone because she purchased it for him), would these be reasons the judge would toss the case? What could the defense argue that would allow the boys to stay with their mom? Although we strongly feel her associations, lack of parenting skills, and the dangerous environment is enough, we want to be sure (because this will be VERY COSTLY) we're dotting our i's and crossing our t's. We don't want to put the kids in more danger by presenting this information and they remain with her. Can the evidence be tossed out because of how it was obtained? Presently my husband and his ex wife are Joint Managing Conservators. All we want is physical custody to get them out of that environment.
Submitted: 8 months ago.Category: Family Law
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1/8/2018
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,344
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good morning. I certainly understand the situation and your concern. The suppressing of evidence and tossing it is when the police illegal seize it. In a case like this, the Judge should consider all relevant evidence and the decision to modify custody is going to be based on the best interest of the children. The modification could be to have the children live with you or to have the boyfriend from being allowed to be around the boys, when in the care of the mother. If there is evidence that they are in a harmful environment and at risk when with the mother, they can be removed.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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