Terminating maternal rights and chiild support

[Harmony76]

I have physical custody of my tow children. My ex-wife is 28,000 in arrears for child support. She took my children and fled out of state and did not return the children until the court ordered her to. She had supervised visits and eventually got joint custody. I have been living in IL for 2 years and she resides in KY. She got 4 drug charges last year and was in jail for the Christmas visit for theft charges. Her boyfriend is in jail for drug trafficing. She admitted that they sold drugs in the home when the children were there. I have alwasy recorded my conversations with her and she states that she know I tape her. She has not had any visitation in over a year. I received a letter from her mother stating that she plans to take my son, change her name and flee to Tennessee. I filed papers for contempt (on the child support) and termination of maternal rights. My wife is willing to adopt the children. My ex is stating that the tapes are illegal and wont be allowed in court, but she has stated that she knows I tape her. She called me 40 times in a week making threats against me and my wife after she received the papers. She says she will come to my home with a sheriff to get the kids. She is also going to charge me with contempt for not allowing the visitation this summer. I fear for their safety every time they are with her. What are my chances of getting her rights terminated and how likely am I to be found guilty on the contempt charge?

 

[irish223]

If you fear for their safety, and you have proof, then you need to ask for an emergency hearing regarding the summer visitation you are denying. You are in contempt, and you need to be proactive.

However, if your ex has never been caught or charged with a drug offense, it may be an uphill battle. I don't know if your tapes will be heard. I hope you have a lawyer. If not, get one involved now.

 

[Harmony76]

Update

As far as her drug arrest goes, she actually mailed me the ticket. She never went to court because she turned in the dealers they bought from. The theft charges against her were printed in the local paper and I have that as well. I also have the letter from her mother about her taking my son. The tapes I have are very damaging and I hope they will be entered. Kentucky is a one party state but IL (where I am taping) is a two party state. She knows I tape her and she has said this on at least one tape, but not in every conversation.

 

[ohiogranny]

Normally with 2 states, the one with the more restrictive rules on taping will prevail. But, if it's not illegal, that is, if you can give her notice of the recording and she agrees on tape, I think you're ok.

If it goes to court, have the tapes transcribed so the judge can read them (if admitted) and have the recorder available if he wants to listen.

Her charges may not mean anything. Convictions might.

I wouldn't worry unless you are actually served papers. Why are you trying to get her rights terminated? It doesn't sound like you have grounds for that, unless she has had no contact with the kids and paid no support for a year or more.

See this:
http://www.deltabravo.net/custody/termIL.php
http://www.rcfp.org/taping/states/illinois.html

 

[Harmony76]

As far as contact goes it has been very minimal in the last year. Three months there was no contact and they haven't seen her since last June. I have received child support only 3 times in five years (no payment being over $200). The reason I am trying to get her rights terminated is because she and her boyfriend were selling drugs with my kids there. I fear they are in danger everytime they are with her. She has took them before and her own mother told me she has a plan on how to flee with my son. My tapes are all transcribed and I have noted the tape in which she says "I know you always tape me". Her boyfriends' kids were living with them when they were busted for drugs and were taken by CPS. I don't know when her boyfriend is getting out but my kids are scared of him and her at times. I think the next time I send them she will take them.