Can you use recordings accidentally made as evidence?

Can I use voice or video recordings of my depressed, emotionally abusive husband as evidence in a custody/divo?

• Basically, my husband is clincally depressed-he has been through it before- he was told by a LCSW 9 months ago that he is and again by our new therapist a few months back. He will not seek treatment. the therapist told me to call 911 and have him taken ot the hospital as that "is probably what he needs" He keeps threatening/telling me he wants to kill himself. So, anyways, I told him that he needs to get help or I was going to call. He said he would go to the doctor, but he refused his appt. today. He yells in front of our child and he is emotionally abusive to me. So can I record him so that in a custody case I have evidence of his mental state and of his emotional abuse? The therapist said that he would already tell someone that he is depressed, but since he has no record of past treatment/hospitalizations, etc. I am afraid that he will get joint custody if we seperate. I want him to get help. But he won't and frankly he isn't capable of/nor should be around our son the way he is right now. Can I use voice recording because he's going to lie and tell them he is fine and he has vastly more resources for a lawyer than I do. I don't want him to never see his son- that is heartless- I just want him to be in a better frame of mind when he does. Thank you so much this is very difficult

• Answer:

  Unless he knows you are recording, then you cannot do so and use it as evidence (I believe). What you can do is start a paper trail. Call 911 the next (very next!) time he threatens self harm or threatens you. Call the police and a lawyer to start laying out your situation. Tell family and friends of your situation (as witnesses) and start a journal with exact dates and times. You need to get out for the sake of your child, as soon as you can. I'm sorry things are so tough for you. Good luck.