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Author Topic: Recording conversations with minor child during visitation time.  (Read 1354 times)

416021va

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I reside in Virginia, but the child resides in Florida.

My child has told me that his mother has been making derogatory statements about me. I would like to record the child's conversation's with me just in case I ever build up a case to petition for custody. However, I am sure that this is subject to State law. Sorry for any of vagueness.

I would like to know the following:

1) Can I record the child's conversation with me during his visitation time in the State of Virginia?

2) Is a recording in WAV format (a.k.a audio playable onto a cd that can be played on any cd player) admissable in a court of law?

Thanks


socrateaser

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RE: Recording conversations with minor child during visitation time.
« Reply #1 on: Jun 01, 2006, 08:02:18 AM »
>I reside in Virginia, but the child resides in Florida.
>
>My child has told me that his mother has been making
>derogatory statements about me. I would like to record the
>child's conversation's with me just in case I ever build up a
>case to petition for custody. However, I am sure that this is
>subject to State law. Sorry for any of vagueness.
>
>I would like to know the following:
>
>1) Can I record the child's conversation with me during his
>visitation time in the State of Virginia?

Yes, but make certain the child knows he's being recorded, because he has a reasonable expectation of privacy inside your home.

>2) Is a recording in WAV format (a.k.a audio playable onto a
>cd that can be played on any cd player) admissable in a court
>of law?

The format is irrelevant. What matters is whether you can show that the evidence is what you purport it to be. Digital recordings are very easy to edit, whereas analog recordings on tape will usually display some sort of pop or click if an edit is attempted (unless you have fairly sophisticated recording gear and you're good with a razor blade and splicing block).

So, I suggest that you record with a simple microcassette recorder, or on videotape. You will also need to have a certified court reporter prepare a transcript of the audio, if you decide to offer the recording as evidence, because the court needs a written record of the conversation.

 

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