New York Divorce Matrimonial Blog

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NON-BIOLOGICAL AND NON-ADOPTIVE PARENT MAY HAVE STANDING TO SEEK CUSTODY

By prmg / 30 Sep 2016

Never discuss the facts of your case or the philosophy or theory of your case with your spouse, his or her relatives or family members, including close friends.

You never know where information leaks exist. These can be fatal to the successful outcome of a divorce action. Very frequently, one spouse will engage the other in a conversation on the telephone, discussing the facts and circumstances of the marriage. In an effort to be conciliatory, you may make such statements as, “I know, it was all my fault.” Unbeknownst to you, recordings of these conversations are being made by your spouse. In court, one might think that such tape recordings are not allowed and cannot be heard as evidence. As a matter of fact, such recordings are admissible; they are evidence; and generally, they are the most dramatic evidence that can be obtained. Never discuss any of the facts and circumstances of your case with anyone, especially on the telephone. Should you feel that it may be advisable in your case for you to use tape recordings, I will be happy to discuss this with you