Can recordings / emails be used in child custody cases?

This is a discussion on Can recordings / emails be used in child custody cases? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My questions are: Can recordings be used in chlid custody cases if the person being record did not know? Can ...

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Old Jan 24th, 2010, 07:50 AM   #1
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Default Can recordings / emails be used in child custody cases?

My questions are:

Can recordings be used in chlid custody cases if the person being record did not know?

Can emails be used if one person took the other persons email's without permission?

Will it be in my advantage at all if my ex was having a relations ship with another man while she was with me and pregnant with my child.

Neither me or my ex have residency in the U.S. now as we have been living in China for the past 3 years, However we are american citizens just currently living in China. What is the process to start a custody case in the U.S. if we are all living in China?

Can a custody case be started by one parent if they go back to the U.S. and establish residence in a particular state.

Do both parents need to establish residence in the states before we can start a custody case?

Do all three of us mom, dad and child need to be a resident in a ceretain stated before we can
start a custody case?

Is it legal for one parent to take our child back to the U.S. without the consent of the other parent?

Is it concidered kidnapping if one parent takes the child without the consent of the other, when neither parent have yet been granted custody?

What is likely to happen if one parent will be living and working in China and the other in the U.S. when determining custody of the child?

Any help would be greatly appreciated! if you would like to contact me personally at :
tubiggene@yahoo.com

Last edited by iloveasia; Jan 25th, 2010 at 03:28 AM. Reason: left out some things
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Old Jan 24th, 2010, 09:45 AM   #2
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Default re: Can recordings / emails be used in child custody cases?

My questions are:

Can recordings be used in chlid custody cases if the person being record did not know?

No.

Can emails be used if one person took the other persons email's without permission?

No

Will it be in my advantage at all if my ex was having a relations ship with another man while she was with me and pregnant with my child.

If you know the child is yours, no.

Neither me or my ex have residency in the U.S. now as we have been living in China for the past 3 years. What is the process to start a custody case in the U.S. if we are all living in China?

You cannot. You must file in the country you reside in, especially is none of you are U.S. citizens or even residents.

Can a custody case be started by one parent if they go back to the U.S. and establish residence in a particular state.

In certain instances, yes.

Do both parents need to establish residence in the states before we can start a custody case?

If both wish to live in the U.S., then yes.

Do all three of us mom, dad and child need to be a resident in a ceretain stated before we can
start a custody case?

Ideally, yes, but not necessarily.

Is it legal for one parent to our child back to the U.S. without the consent of the other parent?

No. It is considered kidnapping.

Is it concidered kidnapping if one parent take the child without the consent of the other, when neither parent have yet been granted custody?

Check the laws on that in your country, but yes, because there is always custody. If the mother is unwed, she has sole custody. If you take the child, it would be kidnapping, yet.

What is likely to happen if one parent will be living and working in China and the other in the U.S. when determining custody of the child?

Long trips for the child and long absences away from the child for whichever parent doesn't have him/her
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Old Jan 25th, 2010, 03:36 AM   #3
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Default Re: Can recordings / emails be used in child custody cases?

i wanted to explain this queston better:

(((Neither me or my ex have residency in the U.S. now as we have been living in China for the past 3 years. What is the process to start a custody case in the U.S. if we are all living in China?))))


What i should have explained is that we all three are american citizens Myself, my ex and my child.
I have just been living and working outside of the U.S. for the last few years. The questions i am asking
are based upon when we go back to the U.S. I am only interested in U.S. law at the moment. As my ex
is planning to go back to the U.S. with our Child. I know at some point very soon i will have to go back there to fight this.
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