Child recording step-mom

[I cry_ in_the_dark]

Recap:
Dad gained physical custody 3 years ago. 15 year old daughter has been/is very unhappy in their home since day one. She has wanted to return to my custody, even since I moved 10 hours away a year ago. I return to visit almost monthly, and had the children several weeks over the summer.

My daughter has often told me of the step mom telling her she doesn't care about her, screaming at her, calling her names, and of course, saying horrible things about me.

Last night my son became ill and dad left to take son to the hospital. Step mom was doing her ranting and ravings at my daughter, calling her an "f'n biotch" etc.  My daughter went to her room.

The step mom went to my daughter's room and my daughter grabbed her MP3 player and began recording! The recording includes the hostile step mom yelling at my daughter, and when my daughter answered "yes, she understood"(while crying)  the step mom mocks my daughter.

It continues with her telling my daughter "You aren't jack *sheeeit*, You are NOTHING, and I will knock you down". She makes references to my daughters "own little world" and "what are you going to concoct to cover your *arse* this time?".  At the end, as she is leaving the room, she snidely says, "Now make sure you call your mother and tell her all of this!"

1. Is my daughter in her rights to record these things, and would it be allowable by a judge?

2. While this recording may seem relatively mild, how much is enough?

[socrateaser]

>1. Is my daughter in her rights to record these things, and
>would it be allowable by a judge?

Depends on whether the MP3 player was in plain view or concealed, and whether the law of the jurisdiction has any special rules regarding such recordings.

In which State did this recording take place, and if the State where the current custody orders were made is different from the State where the recording took place, then in which State were the orders made?

>2. While this recording may seem relatively mild, how much is
>enough?

It doesn't seem mild to me at all. It seems like abuse. If you're worried about the child's safety, take the recording to Child Protective Services (but not before you speak with a local attorney about the recording laws in the State, because in some jurisdictions, a recording made in a private place without all parties consent it a crime in itself).

However, as a practical matter, no DA would prosecute a child who's just protecting herself from abuse by recording the event.

[I cry_ in_the_dark]

The recording took place in PA. which is also the state of the orders.
(I am the one that is no longer residing in the jurisdiction.)
I don't know where the MP3 player was at the time, but I'll ask her when she calls.

I do know that PA laws provide that PHONE conversations must be two-party, but I don't know if this would fall in the same category.

While I appreciate the CPS advice, I have to say, there is no hope there.

In June, my daughter sent me a picture text message of a large bruise on her arm, as well as a small bruise over her eye. I called the PA hotline, who did in fact, go to the school and interview my daughter. She advised me they took pictures of her arm, her face, as well as a cut on the inside of her lip.

My daughter is not aware of them even having contacted her father, tho, they could have. However, if they are going to overlook her father physically abusing her, I can't see them doing a darn thing about step mom mentally abusing her  :-(

Regardless, I am so proud of her fast thinking and doing that recording. (Which I now have a duplicate copy of off of my telephone recorder.)
I will contact a PA lawyer and see what I can find out.

(The MP3 player was in plain sight, I just talked to her.)