29.
Is it legal to record telephone conversations between my child and my ex?
Yes, but with some conditions. As a parent, you are legally able to make decisions for
your child, and you may also give consent for him or her, just as you would for medical
treatment and other parenting responsibilities.
If you live in a 'two-party' State, your
ex must be informed that you are recording the conversation. You could also use an
answering machine that continues to record even if the phone is picked up after it
starts. If the message starts and the person talks, the court will reason that they knew
they were being recorded (since that's what answering machines do).
As for making the child aware of what is going on, one suggestion is to have the tape
recorder in plain sight when you answer the phone or when you call. Have your child
with you when you press the record button, and make the note of time and day on the
tape so he/she sees it. Your child won't be part of the decision of whether or not to
record the call, but will be aware of it.
