Recording child's conversation with Dad

[rangerthat12]

Daughter is 8, son is 5; they live with her in Ohio. I live in Alabama. Ex recently recently admitted (through text), in what seemed like a slip up that she records every conversation I have with my kids. I found this a little disturbing but looked up the laws on it and could only find that both states are 1 party states. Therefore, where do the kids fall in? Of course she could say they gave consent but can they really give consent? Any info would be appreciated.. thanks

[Fatheroffour]

We've had at least one case of dad getting supervised visittation for recording the kids. Its something the courts don't look kindly on.

Btw, she can't claim she gave consent, though it will help your case when she trys.

[rangerthat12]

Thanks for the reply.. yes I did see that post and did some research but it seems vary quite a bit from case to case and state to state. In her case she plainly said she is doing it because "she is allowed to record any conversation there is" and she does it "so she can have anything I and my mom say so it can't be used against her"... not really sure what she is getting at there but I don't want my child in the middle of things they shouldn't.. I believe it does harm to them. We are currently have a quite a situation where she is denying my grandmother < parenting time > based on what she says is the request of the kids to not go over there. Of course, this all started when I started taking a stand against her alienation and I'm quite positive she is doing anything she can to use the kids against me. As far as the phone recording.. just wanted to get a general idea if what she is doing is really wrong by others. thanks!

[rangerthat12]

Fatheroffour.. just to clarify.. you say "she can't claim she gave consent" Are you saying it may help me if she claims she gave consent for the children to allow the recording and/or say they gave consent?

[Trevor]

While it would not look good if this matter is raised in court, I don't see how you could do anything practically to make it stop. If you talk to your kids like a good Dad does, she'll have nothing to "catch" you doing, and though it's disgusting for her to do it, it may be worse (i.e., expensive, fanning flames) to try to fight it in a legal sense. At some point the kids will see their mother recording them and realize the stupid behavior that it is. Are the kids expressing angst over their being recorded? Do they know? How did they find out? If you say nothing more, that'll probably be better for them.

[Fatheroffour]

She cannot give consent. If she could then you could give similar consent and sent your kids back home bugged and record everything that goes on in her home.

That she feels entitled and plays the " I can do anything I want because I'm mom" can only help you.

Think judo.

[defaultuser]

If you are in different states when the recording happens, the federal law applies, and that is a one-party thing.

However, most one-party states have stuff in the law that says you can't use recordings like this if consent wasn't given even if they were recorded legally.

In the end, the legality probably doesn't matter. Its inappropriate for her to be doing it and you should write her a letter asking her to stop.

[rangerthat]

Thanks for all the replies.. yes I am sure it does violate wiretapping laws but I am also understanding that it probably wouldn't hold up much in court. I am hoping the judge see's how it's putting the children clearly in the middle. I am not exactly sure how she recorded it.. she admitted to doing it and then even said she is allowed to... I understand some ex's.. mine included feel the world owes them everything but to think your allowed to break the law and do whatever you want.. c'mon

[spritom]

What would you do if I was recording conversations between you and your kids?

I don't think it matters that she has joint custody of the kids, she's not one of the parties on the phone.

[newwife]

some women are just crazy...obsessed...psycho