Thursday, January 8th 2009
Roseville Divorce Attorney discusses how NOT to obtain evidence for a custody case
TIP: Don't implant a recording device in your child's teddy bear in the hope of recording incriminating evidence against your former spouse. The Wall Street Journal blog reported here of a Nebraska case in which the child's mother did just that. The judge presiding in the case refused to listen to the evidence, reasoning that such evidence was obtained contrary to Nebraska law requiring that at least one party to a recording consent to the recording.
California has a criminal statute similar to Nebraska's preventing certain recordings.
This case is a great example of several points: First, the extent to which one parent will go to try to win their case at any cost. Second, that court's often will see through these tactics, and refuse to award bad behavior.
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