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    wlovato's Avatar
    wlovato Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 9, 2010, 10:42 AM
    If I record conversations I have with my child's dad can I submit them to court
    When I call my child I record our conversations because the dad is very rude to me also lately he has not been answering my calls so I can talk to my child . So I record all my calls to him to show the judge that I am trying to stay in contact with my child. Also when I call the dad yellls at me and he will tell our child what to say when I ask her questions he doesn't know that I'm recording but I always have someone with me so can I use my recorded calls in court
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 9, 2010, 10:57 AM
    You need to know if its legal where you live to do so. Some areas require both parties to give consent before the conversation can be legally recorded. If you are in an area that doesn't allow it, it is an actionable offense.
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
    Emotional Health Expert
     
    #3

    Sep 9, 2010, 12:13 PM
    What he is doing, is called parental alienation, and it is indeed considered during hearings and disputes regarding child custody problems. It directly relates to the well being of the child, and when it is used in this manner, to alienate one parent to the 'benefit' of the other, this affects the well being of the child, and his/her relationships with both parents.

    Smoothy is right- you most likely need to inform him that the conversations are being recorded.

    Here are some reasons to be careful, and, to check with your lawyer.

    How to Know It's Legal To Record Conversations Without The Knowledge Of The Other Party For Use In Family Law Cases | eHow.com
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Sep 9, 2010, 02:45 PM
    Quote Originally Posted by wlovato View Post
    When i call my child i record our conversations because the dad is very rude to me also lately he has not been answering my calls so i can talk to my child . so i record all my calls to him to show the judge that i am trying to stay in contact with my child. Also when i call the dad yellls at me and he will tell our child what to say when i ask her questions he doesnt know that im recording but i always have someone with me so can i use my recorded calls in court
    This could be very, very dangerous. You're really playing with fire here. Where are you located? Use this link:
    "Can We Tape?"
    Do determine if what you're doing is even legal. If you're not sure, let us know what state you live in and we can interpret it for you.

    You don't need recorded phone conversations to prove that you're trying to stay in touch with your child - all you need is your phone records showing when and how often you placed calls.

    What do you expect to happen if you show up with recorded phone calls?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    Sep 9, 2010, 02:54 PM
    Quote Originally Posted by Jake2008 View Post
    What he is doing, is called parental alienation, and it is indeed considered during hearings and disputes regarding child custody problems. It directly relates to the well being of the child, and when it is used in this manner, to alienate one parent to the 'benefit' of the other, this affects the well being of the child, and his/her relationships with both parents.

    Smoothy is right- you most likely need to inform him that the conversations are being recorded.

    Here are some reasons to be careful, and, to check with your lawyer.

    How to Know It's Legal To Record Conversations Without The Knowledge Of The Other Party For Use In Family Law Cases | eHow.com

    Courts often don't understand parental alienation. And mostly in my opinion it depends on who is doing it. In many cases when the mother is doing it the courts pay almost no attention. Its almost a one sided argument. Even when all the evidence points to it. To prove it you need all your ducks in a row and a professional to back you up and even then its not always good enough.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Sep 9, 2010, 05:41 PM

    Do you actually think a Judge is going to listen to all your phone calls? Don't think so. You need to get a good family law attorney involved to iron out this problem for you as you are obviously trying to do this yourself and (trust me) you way won't work.

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