In cases of Maryland divorce where children are involved, custody issues can be one of the most contested issues. Ultimately a judge will rule according to the best interest of the child. As much as a parent may desperately wish to be the primary parent, it is critical to remain cognizant of the fact that a parent’s actions can be used against them in the process of litigation.
One mother is being sued by the father of her child because she planted a recording device on her son’s clothing to listen in on her ex-spouse’s conversations during their custody battle. The father is suing in violation of wire tapping laws and seeking $10,000 in damages.
Aside from the damages, this woman’s actions could very well be detrimental to her case. Rather than resort to illegal actions, she would have done well to seek experienced legal counsel. An experienced family law attorney could have aided the woman in presenting the case that she is a capable mother that loves her children.
Her actions could now be deemed unstable and a court could find her unfit to be the custodial parent. If she is capable of placing a recording device on her son and using him as a bug, the court could easily see this as not being in the child’s best interest. Regardless of the fact that she was probably primarily concerned about the well being of her son and wanted custody of him, her actions were illegal and could cost her.
Source: Chron, “Pasadena man’s lawsuit claims ex-wife planted recorded on son,” Mike Tolson, April 18, 2012