Can I use this as proof of ex not .....

iVillage Member
Registered: 06-11-2004
Can I use this as proof of ex not .....
1
Mon, 09-19-2005 - 1:23pm

..... visiting the baby. I have the message my ex left on my answering machine 3 months ago telling me to "keep our son, he has his girls" I can change his last name to mine and accusing me of keeping him from our son and saying he doesnt believe in the court system. I have also checked my back messages to get dates of when he cancelled his visits with the baby. Will a judge admit a answering machine message in court as evidence? Can my list of cancelled visits also be used as evidence of ex being a yoyo in the babys life. But what about when he lies blaming me of keeping the baby from him. How do they know who to believe?

And what about the 3 1/2 months that my ex hasnt seen the baby. Can I express my concern that the baby doesnt know who he is and needs time to get to know him again before he's able to take him alone. I guess therefore I'd want the beginning visits supervised but as much as I dont want to spend time with him I dont see the baby going with him or staying around him if im not in sight. One of my friends was saying like we go to a McDonalds or something and he plays with him and I sit in the background reading a book or something like that. Would a judge consider that as a temporary agreement.

My son cant express himself saying he's scared or something. I just dont know how this will play out.

iVillage Member
Registered: 03-26-2003
Mon, 09-19-2005 - 2:03pm

Sorry, don't know about the tape. And I think a Judge knows people say a lot of angry things in the beginning, what is important is the behavior they have displayed consistently long-term. If he doesn't see his child, this is an indicator as to whether he really WANTS to see his child.

Do you have an attorney who can tell you how other cases in your jurisdiction are handled? Because I think there are many Judges who will know, without having to be convinced, that a child who hasn't seen a parent in a long time will need some time to adjust/work gently into the new situation. Be sure to ask for that if you think it is needed.