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Will an old cellphone help us?

Toastergirl's picture
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Question 1:
Months ago, Dr. Evil WILLINGLY gave SD her old cellphone to take pics, play games on, etc. SD would always bring it here with her. One night SD (age 9) WILLINGLY gave it to DH so he could print off pictures of her and her friend they took. I told DH he needed to search through the it, ASAP. He did. We found a ton of email traffic between hex and her lawyer, hex and her brother (where she tells him the ROFR doesn't apply to her, and she wishes she had gone to a sperm bank instead of reproduce with DH), hex and her mother in which they trash DH. There was a voicemail from SD's teacher saying SD was punching/ hitting kids when hex has denied to us that SD has done that. Hex did not delete ANY of her texts, voicemails, emails, so SD had access to all of this. I know she read the texts between her mom and dad where they were arguing, but I do not think she read the emails or listened to voicemails. We are trying to prove parental alienation, that hex does not follow the CO, and routinely involves SD in court/adult matters. Will this help?

Question 2:
Does, "Mood altering prescription drugs" include antidepressants/ anti-anxiety meds?

Evil stepmonster's picture

You mean if BM is on mood altering drugs? I don't think that really matters unless you can prove she's abusing them or selling them.
The phone...I would seriously check with a lawyer. It might not be admissable since she can claim invasion of privacy or some other bull shit.

Toastergirl's picture

BUT she gave it to SD, who brought it onto our property, who gave it to her father. That's where the line is blurred. If something comes onto your property and is freely given to you, is it yours?

I don't WANT to use the fact that hex is on "happy pills" (as she stated in a text to her friend) against her. Just b/c she has mental health issues shouldn't cause her to lose custody. But when it's to the point that she and SD are enmeshed, and she is brainwashing/emotionally abusing SD to the point where SD told me she wants to "cut out the part of her that is her dad" and looked at the kitchen knives while sobbing, hex has some degree of emotional instability that is being inflicted upon SD.

Evil stepmonster's picture

As for those being admisable in court I'm still not sure, that's why I would talk to a lawyer asap. But...I'm pretty sure you could take those texts and emails strait to CPS. If she has a mental disorder, and cries while she looks at knives thinking about cutting her kid that could get you emergency custody, as long as those are fairly recent.

Toastergirl's picture

Sorry, I wrote sentence that in a confusing manner. SD wants to cut herself, because her mom tells her all this horrible stuff about her dad. She wants to "cut out the part that is my dad" (in her words) out of her. So she can be with her mom forever and her dad wont try and take her away. I should have called CPS then. I was so stupid.

bibleofdreams's picture

that means the child could have been exposed to the conflict, had they looked at the phone. It is careless. Even if the actual material isn't usable in court, the fact that she gave her kid a bunch of conflict related material to transport to you instead of say, using the mail system is a pretty big deal in most courts. If she voluntarily gave you this information I don't see why you would be unable to use it in court. She gave it to you.

momandmore's picture

The 2nd does sound like antidepressants or anti anxiety, I agree. OSS is on a "mood stabilizer" for his anger and it is also known to be used for depression. Also, My SIL refers to her AD as "happy pills".

The 1st.. definitely consult an attorney. I had a 12 minute conversation between BM and her FI recorded (BM thought she had ignored the call, but answered instead) The whole convo was about DH and myself and the things they would like to do to us and just a bunch of stuff. The court has never heard it but the attorney wants me to keep it for the next time we go in. He told us things like that were iffy but there is some pretty serious stuff in the convo.

Rags's picture

Take pics of each and every message. Yes, this will all help... if you have a judge who is worth a shit.

momandmore's picture

^^This is what I do. Our judge won't look at a phone. He wants everything documented and pic proof.