I am writing this for my son. He has been married for 3 yrs, has 2 children 2yrs and 7 months old. Recently out of the blue his wife told him to leave, they have lived with her parents and mamaw. He came home here, with no clue what was wrong with his marriage. His wife is constantly hurting him. She will call and ask if he wants to see the kids, then call back and say she changed her mind and he can't. This goes on and on and in the meantime she is writing down that he is a no show to get his kids when in fact she won't let him. Then when he does get them and it is time to return them back she is no where to be found and will call way after the fact and tell him you'll keep them till I say. He just found out that she had been having an affair and is seeing this guy now. She is 20 and drinks and parties all the time. The other thing is a woman called our home and told us that my son's wife sent naked pictures of herself to her son's cell phone who is 16 yrs old. Her son deleted the pictures. My son has a taped confession of her admitting she did this but now there is no proof and her and her family know we have no pictures now. Her dad listened to the tape. My son taped this while he was on the phone with her. The other thing is she will constantly call our home and then tell her parents he is the one calling there, so now they want to slap him with phone harrassment and she is the one doing it. She does it when they are gone. We have had to turn our cell phones off, our home phone because of this girl.
My son is staying with us right now until he can get on his feet. He wants his kids but she will be hard to beat because she is a real good liar. They say he never provided his family with a home. Well he didnt want to live with her parents, that is what she wanted and he hated it. She has sat right in our home and said how he wanted their own place but she wasnt moving. Now they are just out to ruin his life. In spite of all she has done, he loves this woman and is very hurt. Is there anything he can do? She is mentally abusing him over and over and uses the kids against him. One minute says I will never keep your kids from you, the next calls in a rage screaming he will never see them kids, that they are hers and not his, that she has full custody because they live with her. She drags them from place to place staying here and there. Even has them with the guy she is seeing who in fact just got busted for a meth lab. Her father just a couple years ago was put in an institution strung out on meth.
I am sorry this is so long but we are searching for any one who may give us light. How do you prove anything against someone who is making up lies about not showing up when they wont let you get the kids. She threatned to beat his head in the ground.

I am writing this for my son. He has been married for 3 yrs, has 2 children 2yrs and 7 months old. Recently out of the blue his wife told him to leave, they have lived with her parents and mamaw. He came home here, with no clue what was wrong with his marriage. His wife is constantly hurting him. She will call and ask if he wants to see the kids, then call back and say she changed her mind and he can't. This goes on and on and in the meantime she is writing down that he is a no show to get his kids when in fact she won't let him. Then when he does get them and it is time to return them back she is no where to be found and will call way after the fact and tell him you'll keep them till I say. He just found out that she had been having an affair and is seeing this guy now. She is 20 and drinks and parties all the time. The other thing is a woman called our home and told us that my son's wife sent naked pictures of herself to her son's cell phone who is 16 yrs old. Her son deleted the pictures. My son has a taped confession of her admitting she did this but now there is no proof and her and her family know we have no pictures now. Her dad listened to the tape. My son taped this while he was on the phone with her. The other thing is she will constantly call our home and then tell her parents he is the one calling there, so now they want to slap him with phone harrassment and she is the one doing it. She does it when they are gone. We have had to turn our cell phones off, our home phone because of this girl.
My son is staying with us right now until he can get on his feet. He wants his kids but she will be hard to beat because she is a real good liar. They say he never provided his family with a home. Well he didnt want to live with her parents, that is what she wanted and he hated it. She has sat right in our home and said how he wanted their own place but she wasnt moving. Now they are just out to ruin his life. In spite of all she has done, he loves this woman and is very hurt. Is there anything he can do? She is mentally abusing him over and over and uses the kids against him. One minute says I will never keep your kids from you, the next calls in a rage screaming he will never see them kids, that they are hers and not his, that she has full custody because they live with her. She drags them from place to place staying here and there. Even has them with the guy she is seeing who in fact just got busted for a meth lab. Her father just a couple years ago was put in an institution strung out on meth.
I am sorry this is so long but we are searching for any one who may give us light. How do you prove anything against someone who is making up lies about not showing up when they wont let you get the kids. She threatned to beat his head in the ground.
Are there any court order for custody/CS/ or visitation? If not, your son needs to file for those ASAP.

Your son needs to file for divorce and get a lawyer. He needs to get copies of the phone records. (harrassment). Once a visitation agreement is in effect, then if she does not stick to it- he can file contempt of court charges...
By the way, stop playing in to all this drama.... He speaks to her ONLY about the children...He stops talking to her about men and pictures and etc... It does not matter if she walks down the street naked as long as the kids don't see it and it doesn't effect his visitation. IF someone mentions her name , politely say, "They are about to / are going through a divorce and I really shouldn't discuss that".

I just wanted to say yes I do have phone records. To the last reply that it does not matter what she does as long as it is not in front of kids. Well nude pic's to a minor does matter as it is illegal to do so and it will effect the kids in the long run if momma was to end up in trouble over it. Yes she does things with the kids with her. Partying with kids in her care and I am not just talking drinking.
She is underage to drink.
It is hard for my son not to talk to her about what she does, she don't care to rub it in his face.

If you think that she is in some way endangering the child then call child protective services (good luck with that... They want you to hand them all the proof on a silver platter and even then they may not help...I have very little faith in them right now) But please call them so it will be documented in the future when you have to call agian.
As for the phone pics, you already stated that nothing could be done as the evidence is gone... If you want to let CPS listen to the recording, that is an option. But be warned, it is illegal to record telephone conversations without first stating to the person being recorded that you are recording them...so that "evidence" is worthless in court. a person can record anything they want in person but just not over the phone.
When I was saying don't discuss it, What I mean is she is a 20 year old unstable girl who you say in your post is a LIAR, had an Affair, dating a druggie, etc, SO why would you or your son want to hear/believe anything she says or is said about her. It's all just crazy insane Jerry Springer crap that give you and your family a great big headache!
Take the girl to court and get custody of the child. Get a lawyer. Give him all the evidence. Get more evidence (Proof in writing, reports from the police, reports from Child services, evidence from the doctor that the child was exposed to meth, anything that could help!!! ) And if she continues to make threats and harrass have your son file for an Order of Protection and they will have a court hearing and if the judge thinks she has harrased you they will put some sort of custody/visitation agreement in the paperwork. If she refuses visitation once it is court ordered then she would be found in contempt of court and possible get 10 days in jail.

I wanted to make the comment about being illegal to record. You have that backwards. It is totally legal to record a phone conversation and not a personal one on one. You do not have to tell the other party you are recording them on the phone but you do have to tell them when in private. There are 38 states that allow this. He has a lawyer now and he has verifyed this and you can research it on the web.
As for all the other stuff going on, he is getting his documentation ready, proof, etc... witnessess. So alls we can do now is pray. But she is on to everything and has quieted herself down now so she dont get caught doing anything.
Thanks everyone for your responses.

I wanted to make the comment about being illegal to record. You have that backwards. It is totally legal to record a phone conversation and not a personal one on one. You do not have to tell the other party you are recording them on the phone but you do have to tell them when in private. There are 38 states that allow this. He has a lawyer now and he has verifyed this and you can research it on the web.
As for all the other stuff going on, he is getting his documentation ready, proof, etc... witnessess. So alls we can do now is pray. But she is on to everything and has quieted herself down now so she dont get caught doing anything.
Thanks everyone for your responses.
My lawyer told me the exact opposite of what you said. He told me I could video tape, record, etc anything exept the phone calls (with the exception of voicemail/answering machine messages).

Tennessee is a one-party state, meaning that only one person privy to the conversation must be aware that the convo is being recorded. You are actually on much shakier grounds recording, photographing, or videotaping someone in person than if you are on the phone (if that person has a reasonable expectation of privacy.) There are only 12 states that are not one-party states. They are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. These states require all parties' consent to record or tape any conversation over the phone.


www.rcfp.org/taping/ (http://www.rcfp.org/taping/)

It is a misdemeanor to photograph, film or observe a person without consent where there is a reasonable expectation of privacy, when the photographing, filming or viewing "would offend or embarrass an ordinary person" and is done for sexual purposes. Tenn. Code Ann. §§ 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann. § 39-13-605(2).

Tenn. Code Ann. § 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.

Apparently we are both wrong! You can tape the calls as long as the one taping is the one actually taking part in the phone conversation and you can tape/video/etc in person as long as it is not "in the bedroom" so to speak.

It is a misdemeanor to photograph, film or observe a person without consent where there is a reasonable expectation of privacy, when the photographing, filming or viewing "would offend or embarrass an ordinary person" and is done for sexual purposes. Tenn. Code Ann. §§ 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann. § 39-13-605(2).

Tenn. Code Ann. § 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.

Apparently we are both wrong! You can tape the calls as long as the one taping is the one actually taking part in the phone conversation and you can tape/video/etc in person as long as it is not "in the bedroom" so to speak.

Nope, in TN, if one of the parties that is part of the conversation gives consent for someone else to tape the conversation, that's legal, too.

I think I know why my lawyer may have told me not telephone conversations.... In the parenting plans for the state of tn it says that one person can not interfere in the communications between a child and a parent.(so recording a call between one parent and the child when you are not the one talking is not legal).

everyone has gotten of task on this whole phone recording thing and the ? of weather or not there is visitation or custody in place. if there is, and he is to pick up at 5 pm on friday and she refuses, all he has to do is take a police officer along with the order to pick up the kids. or he can file for contempt on her part. as far as the ex inlaws wanting to press phone harassment charges, the phone records can always be subpeonaed. so i would not even worry about that. but in order to get accurate advise on the whole vistation thing, we need to know what if anything is court ordered. that will make a huge difference. thanks