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Main Forums => Dear Socrateaser => Topic started by: Kent on Mar 16, 2007, 07:33:57 AM

Title: Listening in on phone conversations
Post by: Kent on Mar 16, 2007, 07:33:57 AM
Soc,

Whenever I talk to my son on the phone, his mother is always listening in. A few minutes later she then calls me to "discuss" which parts of my conversation with him she does not like. Is she allowed to do this? GA is a one-party state.

Thank you.

Kent!
Title: RE: Listening in on phone conversations
Post by: mistoffolees on Mar 16, 2007, 11:01:37 AM
>Soc,
>
>Whenever I talk to my son on the phone, his mother is always
>listening in. A few minutes later she then calls me to
>"discuss" which parts of my conversation with him she does not
>like. Is she allowed to do this? GA is a one-party state.
>
>Thank you.
>
>Kent!

I don't know about listening in, but I do know that the rules for recording are very different when there are minors involved. For example, in OK, it's OK to record your own conversations with any adult. It is NOT OK to record your conversations with minors without a court order.
Title: RE: Listening in on phone conversations
Post by: Kent on Mar 16, 2007, 11:33:19 AM
Mist, she's not recording, she's just listening in.

At the house she picks up one of the other phones, if it's her cell phone, she puts it on speaker phone.
Title: RE: Listening in on phone conversations
Post by: mistoffolees on Mar 16, 2007, 11:37:31 AM
I thought I made that clear - "I don't know about listening in, but I do know that the rules for recording are very different..."

My point was that the fact that your state allows recording or listening in with only one adult consenting may not be relevant because there's a child involved.

Sorry if I wasn't clear enough.
Title: short answer is . . .
Post by: hagatha on Mar 16, 2007, 07:30:31 PM
Kent,

I believe the answer to your question is Yes, she can listen right now. You are calling her house and/or her cell. She can do whatever she wants.

There are some things yoiu can do to rectify this situation though.

1st you can petition the court to order calls between you and son are private. This should be done while petitioning for more time or contempt.

2nd. When she calls back to "discuss" your conversation with son, you can hang up. Realisitically you don't Have to even answer the phone.

Now I know this will cause more friction, probably cause you to loose some phone time with your son, but then you get the contempt charge you need.

You are letting her control this situation by allowing this interaction, Stop ans she will go crazy. This could be a good thing.

The Witch
Title: and I was also thinking
Post by: MixedBag on Mar 17, 2007, 07:48:02 AM
that his order probably doesn't say "supervised" parenting time.

Listening in like that is no different than supervised parenting time.

But I also like stop and she will go crazy.....many time this is the answer to situations.
Title: RE: Listening in on phone conversations
Post by: Tennessee Dad on Mar 17, 2007, 09:11:35 AM
This is included in all custody orders in our state:  
 
 36-6-110. Rights of non-custodial parents. —
 
 (a)  Except when the juvenile court or other appropriate court finds it not to be in the best interests of the affected child, upon petition by a non-custodial, biological parent for whom parental rights have not been terminated, the court shall grant the following parental rights:
 
      (1)  The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations;

To me "unimpeded" means "not interferred with".  Check your orders and/or state law.  If they include similar rules, then point it out to BM, then simply hang up the phone.  Or suggest that from now on, you will be recording her when she calls you to "discuss" what has been said to son.  That ought to stop her; it works in our case, anyway.  
 
Title: RE: Listening in on phone conversations
Post by: mistoffolees on Mar 17, 2007, 03:51:09 PM
I'm not sure about that definition. I would think 'unimpeded' means that they don't prevent the conversation - not that they can't listen in. I would check on local laws and practice.
Title: RE: Listening in on phone conversations
Post by: Tennessee Dad on Mar 18, 2007, 03:09:36 PM
Well, Webster's definition says impede means "interfere with" thus unimpeded would generally mean not interfered with.  Listening in and then calling to rebut would be interferring to me .  JMHO
Title: RE: Listening in on phone conversations
Post by: mistoffolees on Mar 18, 2007, 04:27:28 PM
But it wouldn't be 'interfere' to me. Interfere means to prevent something from happening. She didn't prevent it from happening, so she didn't interfere with it. To me, 'interfere' means she would have prevented the father from talking to the child(ren).

Of course, this will be regulated by state law, so our disagreement is irrelevant.
Title: RE: Listening in on phone conversations
Post by: Tennessee Dad on Mar 19, 2007, 12:41:17 PM
Can't help but laugh.

Again, via Websters, interfere means "to enter into the affairs of others".  Thought that's what we were talking about.  And according to my attorney, I let her talk without listening in or butting in or interjecting my opinion.  That is, she is allowed to have a "private" conversation with her Mother.  I'm done.  

On another note:  I just wish the REAL Soc was here; he was an immense help to a lot of us, and would not have stood for me messing around on "his" Board.  I guess I am in "withdrawal"; although I rarely post anymore, I do tend to "check-in", and throw in a word of encouragement every now and then.  His wisdom (and wit) are sorely missed.
Title: RE: Listening in on phone conversations
Post by: mistoffolees on Mar 19, 2007, 01:19:14 PM
>Can't help but laugh.
>
>Again, via Websters, interfere means "to enter into the
>affairs of others".  Thought that's what we were talking
>about.  And according to my attorney, I let her talk without
>listening in or butting in or interjecting my opinion.  That
>is, she is allowed to have a "private" conversation with her
>Mother.  I'm done.  


It's interesting that you chose the SECOND definition (at least from dictionary.com). The FIRST definition is:

"to come into opposition, as one thing with another, esp. with the effect of hampering action or procedure (often fol. by with): Constant distractions interfere with work."

Listening in on a conversation wouldn't fit that definition as long as she's not preventing you from talking.

As I said, the real answer probably depends on local practice.