I have a video of my wife saying she doesn’t want our children.
Is that enough to help me get custody, or will it help at all with custody when we get divorced?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
In many states, it is illegal to record someone if they do not know they are being recorded – in your case, it sounds like your wife knew she was being recorded and that this would not present a problem.
Still, you want to be sure about evidentiary rules.
Next, the content is helpful for certain, but is probably not dispositive in and of itself. This means you need more than this recording, and you need to anticipate what defenses she will present when this evidence is shown to the court.
She may say she was speaking out of anger or emotion and that she would never this or that she wasn’t in her right state of mind. If she comes off as credible to the court, she may overcome this. It will depend on various other circumstances in your case and her role in the children’s life generally.
You will want to review under your state’s custody laws to see what other criteria the court is looking for in determining what would be best for custody and furthering the child’s interests.
Also, bear in mind that the policy behind the law is generally to keep both parents in the child’s life to the extent possible. While this may hurt her, if she shows a serious interest in being part of the child’s life, the court will give her that chance.
All that being said, if it’s admissible, this could be helpful in getting you more time with your children than you would have gotten without it. But, again, it is dependent on all other relevant facts and circumstances.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.