Skip to main content


Kenosha, WI |

I live in wisconsin and I currently have joint custody of my 2 boys 9 years old and 6 years. old. The father has primary placement, however, I have evidence that he is abusing them mentally, possibly physically and major neglect. I only get to see them everyother weekend and on wednsdays so I was unaware of how serious things were at the fathers home until recently. I have been taking notes but they are being told by their father not to tell me things and if CPS goes there to question them, they will not tell them the truth. I had recorded conversations with them and I without them knowing I was doing it but it is definately evidence that they are being severlely neglected and in DANGER! CPS will be comming over soon, can I play these recordings to them? Is it legal being I am their mother

I found out we are "ONE PARTY CONSENT STATE" Also found this: One-Party Consent: While taping a conversation may be a useful tool, there are several laws governing when and if it is legal to do so. Federal law allows the taping of conversations as long as at least one of the parties involved in the conversation says it is permissible. In divorce proceedings, a taped conversation may give a judge insight into the real motives behind one party or the other. Is this ok that I did this then?

Attorney Answers 1


You can tape anything you want. The question is how the recordings can be used and whether they are admissible in a court of law. If CPS wants to listen to them, they certainly can do that. If a Guardian ad Litem is eventually appointed in your case, they will usually listen to tape recordings as well. However, that doesn't mean you will be able to use them in court.

If you are concerned about your children, CPS isn't the only way to go. You should consider filing a motion in family court to modify placement. Consult with an attorney regarding all of your options.

Mark as helpful

2 lawyers agree




This is one of my problems. I don't have the money to get an attorney and when we had the GAL involved in the past, she seemed to side with my ex-husband. I feel were both un-fit parents at the time because we both are alcoholics. In our Court Record Events it is noted "GAL concerned about both parties drinking" He, at the time we separated was drinking up to 2 large bottles of Jägermeister and I was drinking with him before we separated, but not as much. I, however, have quit drinking for quite some time now. I admitted myself to a hospital to detox after we separated. They had to put me on Ativan to help with my detox because I was shaking like crazy, my blood pressure went through the roof, Delirious, Black outs, rapid heartbeat, Rapid breathing, Abnormal heart rhythms, Dehydration, Abnormal eye movements, Liver failure, elevation in temp,ect. When I admitted myself to the hospital (prior to a GAL even being assigned yet even, divorce was not even filed at this time), the Dr. told me that because of the large amount I was consuming, it was good that I came to them because you can DIE from withdrawals because your body goes into shock. He is still drinking. I know this because I smell it on him, every night that I call my kids when they are not with me, he is slurring his words and now my son has said “all dad does is drink alcohol all the time and that he asked him to stop but is afraid to say anything anymore because dad got really MAD! My ex-husband is also prescribed 10 mg. of alprazolam A DAY! So I’m sure you are aware the danger of mixing the two. My ex-husband is living with his parents and I DO NOT believe the GAL even went into the home because it is disgusting! If you watched the show “HOARDERS”, that is what it looks like. His mother is a BIG “enabler” and will do ANYTHING to protect her son, even when it comes to her grandchildren! When I went to our divorce hearing, the judge even said to me that I should have had an attorney and again, as I stated, I can’t afford one! I’m on Social Security and only get $495 a month after my child support is taken out. He makes $30 an hour, is using his girlfriend now because she makes $70,000 year and still lives with his parents. This is a long story and I could go on but way too much information! My question is what do I do? I do not have funds for an attorney at this time. I am afraid if I take him back to court for custody, he will hire a very well-known and expensive attorney and this will go to the same judge, whom will probably treat me like CRAP again! I’m scared and I need some advice… Teri M. Nelson, thank you so much for answering my question above! I am begging you to please let me know what to do now?

Teri M. Nelson

Teri M. Nelson


First, you should see if you can delete this comment. This is WAY too much personal information about you on the internet and you don't want it to be used against you. Second, you need an attorney. This is a complicated custody case and if you want to get the best results for your children. Many attorneys accept credit cards and payment plans. In the alternative, contact the Wisconsin State Bar Lawyer Referral Services. They have all types of low cost or free referrals to people who need an attorney. The link is: Good luck to you.

Child abuse topics

Recommended articles about Child abuse

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics