Minneapolis, MN asked in Family Law and Child Custody for Minnesota

Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure he had evidence that he was not lying incase anything happened." He and his 3Y/O sister are actively participating in the fight which involved his mother punching the boyfriend in the face, the boyfriend pouring water on the mothers couch, screaming, my step son trying to comfort his mom and explain the situation to his little sister and a whole host of other things. It is over 45 minutes long. He has been begging his dad and I to let him live with us instead of her. We want to keep this out of the courts but also want to know we can use this if needed when we approach her about the situation. There is a lot of contradictory info on recordings so I am not sure what to do in this situation.

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1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • St. Louis Park, MN
  • Licensed in Minnesota

A: This question is very hypothetical. You can use any evidence in court that you can get in over objections.

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