I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?


I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain full legal custody of our child?


Good grief! Your question, when translated, reads as follows: “I’m going to get a divorce, now how do I game the system?”

I hate the games people play or try to play in divorce. Let me count the ways.

While the gamesmanship that goes on in so many divorce cases makes them unnecessarily confusing and unfair to innocent people (including, but not limited to the children), what I hate even more are the people who think that “all’s fair in love and war” and try to twist any and every fact to their advantage, rather than just being honest.

And I’ll be the first to admit:

because the legal system is so full of people (at every level) who believe that the ends justify the means, if you’re not lying in your divorce proceedings, you’re likely losing.

Still, that doesn’t make wrong right.

Gees, your husband told you he wants to hit you (but I presume from the way you phrased your question that he did not actually hit, try to hit, or even threaten to hit you) and you want to know if you can parlay that into getting full custody of your child? He didn’t do anything wrong! My word, you and he were probably both seething mad and engaged in an argument when he told you he was so angry he wanted to hit you. But he didn’t! And you want to use that against him? To make a play for child custody? What a rotten thing to want to do.

If you don’t have real dirt on your husband, admit it. Don’t lie and try to frame him as some monster just to make it easier for you and/or to make him miserable.

Utah Family Law, LC | | 801-466-9277

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