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Author Topic: Recording conversations between minor child and CP.  (Read 2434 times)

416021va

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Recording conversations between minor child and CP.
« on: Jun 05, 2006, 06:09:14 PM »
I would like to know if I can legally record a telephone conversation between my minor child and Custodial parent while he is with me during visitation in the State of Virginia, and speaking with CP in Florida.

While I respect my child's privacy in general, CP is badmouthing me while on the phone with minor child. This deducts from visitation time.

My question is as follows:

1) May I record a telephone conversation between my minor child while he is visiting with me in the State of Virginia and speaking to CP in the State of Florida?

Thank you.


socrateaser

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RE: Recording conversations between minor child and CP.
« Reply #1 on: Jun 05, 2006, 06:17:50 PM »
>My question is as follows:
>
>1) May I record a telephone conversation between my minor
>child while he is visiting with me in the State of Virginia
>and speaking to CP in the State of Florida?


Depends on whether you have legal custody or only visitation, also whether or not your court orders expressly prohibit the recording. If you have legal custody, then you can make major decisions for the child while with you in VA, which would include whether or not to record a conversation with the other parent.

Federal law provides that only one party need consent to a recording made interstate, so the recording would be legal unless otherwise prohibited by your court orders and custody rights.

Unfortunately, FL law requires consent of all parties to the recording, or the recording is inadmissible as evidence in FL. So, while you can record from VA, it won't do you any good in a FL courtroom, without the other parent's express consent.

 

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