want custody of my daughter

[jazminesdaddy]

i was looking for evidence not authority. what if i took out the authoritive part your talking about

[jazminesdaddy]

sorry bout the language can i erase that and repost it.........i did

[socrateaser]

>i was looking for evidence not authority. what if i took out
>the authoritive part your talking about

The other parent would have to be a moron to sign the letter. So, the letter is not proof of anything material to the case, thus it is useless as evidence.

[jazminesdaddy]

why would SPARC encourage using this letter? and i

dont want her to sign it. i would be sending it certified so she would

have to sign the slip to get the letter which would be an ommision that

she understands specifiacaaly that i can record all conversations and

use them against her, being that ca is a all party consent state and NC

is a one party consent state.

[jazminesdaddy]

well after this i'll leave you alone until i get back from my $2500

worthless trip out to VA. what else can you suggest besides moving out

to NC.  there HAS to be something else. i have started a business that i

cant just close down and leave

behind. I'm proud to be self employed and own my own business. this is

how i support my family. have you ever heard of a case like mine where the

father ended up getting custody? or anything close to it?  that i can read

about?  thanks again. you're really intelligent and i appreciate your

honesty!

[socrateaser]

>why would SPARC encourage using this letter? and i
>
>dont want her to sign it. i would be sending it certified so
>she would
>
>have to sign the slip to get the letter which would be an
>ommision that
>
>she understands specifiacaaly that i can record all
>conversations and
>
>use them against her, being that ca is a all party consent
>state and NC
>
>is a one party consent state.

I don't work for SPARC and I have no opinion re anything at this site except my own posts.

Her signature on the certified would be evidence that she received an envelope from you. It is only evidence that she received the letter that you sent, if you have the certification number actually written on the face of the letter.

So, if your intent is to provide notice of your intent to record conversations, that would be an "admission" (not an "omission") that she has actual notice. However, as to the log of times when you were unable to contact the other parent, or any surrounding issues, I wouldn't send the letter because they manner in which you have written it makes you appear hostile and that could be used against you in court.

As to the two party or one party nature of recording, neither NC nor CA has jurisdiction in the civil case, and if VA is the venue for the pending action, then it's VA law that you must  concern yourself with as to any notice of recording requirements.

In any event, once you have proof that you have provided notice, you can record.

[socrateaser]

>well after this i'll leave you alone until i get back from my
>$2500
>
>worthless trip out to VA. what else can you suggest besides
>moving out
>
>to NC.  there HAS to be something else.

Why does there have to be something else? Answer: there doesn't. You just want there to be something else. You shouldn't have left. You should have challenged the restraining order that threw you out of the house. You have placed yourself at an overwhelming disadvantage in this case. No one did this to you -- you did it to yourself. Now you must deal with the reality, and that reality is that your best move is to move to where the child lives (assuming that you ever want primaryl custody).

>i have started a
>business that i cant just close down and leave behind. I'm proud to be
>self employed and own my own business. this is
>how i support my family.

Mazeltov. Here's a pat on the back. (pat). Feel better? Good. Want more custody? Move to NC.

>have you ever heard of a case like
>mine where the
>father ended up getting custody? or anything close to it?

Your case is extremely routine. I have already explained what you must do to have a chance at winning a substantial custody award. Move to NC, obtain a custody evaluation and have the child examined by a psychologist to determine her mental state. Prove that the mother is a habitual drug user, that her cohabiting boyfriend is as well, and that these facts make the mother an affirmative danger to the child.

Simultaneously prove that that you are no danger to the child, and only a positive influence.

Do all this and you have a shot. Fail to do any of it and you will likely lose. I don't make predictions as to people's "chances" of winning, because it's entirely dependent upon the judge and the evidence. But, based upon your current situation and the evidence that you propose to introduce, you will obtain standard visitation for a parent who lives 3,000 miles away and nothing else.

Good luck.