u/AdPrior1418

Location: Colorado

Hi all for some backstory basically my sister is going through a custody battle with her ex husband. I dont know how to explain it simply but they are both extremely manipulative of situations and petty about everything and while neither of them are great people they are good parents to their kids just terrible at coparenting. They were together for nearly a decade but were horrible for each other i want to stress he has a very odd job schedule and was not the most present father in their first childs life which i fault him for i dont believe thats an excuse at all just some backstory. Since divorcing he has been attempting to be present in their lives and my sister in not allowing him which is its own thing and thus they are going to custody court.

After backstory my sisters ex husband lives a couple houses down from my wife and i and he will find excuses to bring their kids over to see me which is a way for him to come over and vent as well as manipulate information out of me which i didnt realize at the time. I want whats best for my sisters kids were so close i feel like i bare the burden of their wellbeing a lot of the time and have a lot of sympathy for everybody involved in their situation them both and their kids. My sister does not always make the easiest choices she likes things to be difficult sometimes especially if it means she gets her way. She is selfish and likes attention. Her ex husband came over a couple days ago asking me what i thought about her new husband and in hindsight it was wrong of me to do so but i told him that i dont like the guy because he is horrible to me he talks badly about and to me and is homophobic towards me. I didnt tell him this in the moment im just prefacing. My sister had all her kids calling her new husband “dad” and her ex husband (their father) by his actual name. Her kids are all younger than 3 besides one of them is 10. i told her i thought this was weird but thats it and her ex husband asked me if she was doing that and i said i thought she was having them call her new husband dad on purpose to ruffle the situation. There were some other things we talked about. Her youngest son got a concussion a couple months ago and her ex husband asked me if it was because they werent watching him and i said probably i feel like most the time stuff like that happens its because kids arent being watched. I also told him my sister has my niece babysit all of her younger siblings for several hours a time which is not illegal just feels wrong to me. Again she is my sister and i dont want to portray her as a bad person but ive shit talked her to her ex husband as a way to vent the same way i thought he was simply venting to me. He faces being sad in the moment and uses their kids against me to get information because i just want whatever situation is best for them.

My sister called me tonight saying she got into a fight over the phone with her exhusband because he had “several family members confirm she is trying to outcast him from his kids and can prove neglect” the proof would be voice recordings and texts which i didnt know he was voice recording me. While i dont think i said anything heinously harsh or incriminating on a voice recording i dont want anything i said to be misconstrued or taken out of context. I dont need a morality check i know i shouldnt talk shit about my sister i just need advice.

Can he use voice recordings in court if i expressly told him i didnt want him to? Can i be subpoenaed if he does use recordings of me?