another phone question?

[lovebug]

Thanks so much for all the iformation you gave me previously. I spoke with me lawyer and she agreed with what you told me 100%.

I have another question, my attorney is out of town, and I thought I'd ask your opinion. My lawyer suggested that I inform my child's mother that all phone calls to my home and cell with be recorded and that all calls coming from my house or cell will also be recorded. She suggested this so that calls between mother and child will be admissable? At least that what I think she said....she was in a hurry so I didn't get all my questions asked and answered. I have not yet recorded my child and her mother's conversations.

We are both in Georgia, BTW.

1. Should I write a letter stateing such and state that all future calls will be recorded?

2. If I let Mom know that calls are being recorded can I record calls between mother and child as long as mother concents ( fully or implied)?

3. Do I need to state before mother and child begin conversation that each call is being recorded or is the letter stating calls being recorded enough?

4. Do I have to inform child that calls are being recorded? Child is 9 years old. Georgia is a 1 party state.

5. is there anything I should know to preserve the recordings as evidence?

6. I understand that recording are not always admitted. It there anything I should know so that they will be more likely to be admitted into evidence?

I also have another issue and I am going to post another thread.

Thanks!

~D~

[socrateaser]

Every State has different laws on this matter, so the following info is GENERALLY applicable, absent GA state law to the contrary:

>1. Should I write a letter stateing such and state that all
>future calls will be recorded?

Yes, but I suggest that you have some disinterested third party effect personal service of this notice (by handing it to them), and then notarize an affidavit stating when and where service was effected. That way you will be able to conclusively prove that the other parent had notice that she would be recorded.

>
>2. If I let Mom know that calls are being recorded can I
>record calls between mother and child as long as mother
>concents ( fully or implied)?

Once the other parent is on notice that you will be recording the conversations, it becomes her problem to obtain a court order granting her private communications.

>3. Do I need to state before mother and child begin
>conversation that each call is being recorded or is the letter
>stating calls being recorded enough?

As long as you can prove that the other parent is on notice that they will be recorded, you're ok. If you have served personal notice, you're on solid ground.

>4. Do I have to inform child that calls are being recorded?
>Child is 9 years old. Georgia is a 1 party state.

Interesting question. Probably, notice of the recording to the parent, would be imputed to the child, because the child is in the parent's custody and control. This is a gray area of law.

>
>5. is there anything I should know to preserve the recordings
>as evidence?

If a person identifies themselves on tape, you are better off. Same goes for the date and time of the communication. All of which is not easy to accomplish during an adversarial phone call.

>6. I understand that recording are not always admitted. It
>there anything I should know so that they will be more likely
>to be admitted into evidence?

Evidence can be deemed inadmissable on grounds that it is more prejudicial than probative. For instance, suppose you call up and the child answers and starts crying for no apparent reason. You might argue that the other parent was causing the child to cry, but there's really nothing on the tape to prove that. A judge could decide that the sounds didn't prove anything but they made the other parent look like a monster, and thereby disallow the evidence. This is more likely in a jury trial. Most judges will allow damn near anything in, because they think that they can be completely objective.