What is the name of your state (only U.S. law)? Texas
I was up until 4am looking up information to see if I could possibly record phone calls between my son and his mother. I have custody. His mother has been bad mouthing this yes I know this because I heard it my self. I didn't allow her an extra overnight and she flipped. She called son after I said no (on his cell) and told him that I didn't allow it because I was being an a**hole. I explained to son (8) reason for no overnight(we had plans). My son is in councling but is really having a hard time with everything. He is happy but knows Mom hates me and him being with me now and he feels like he is doing something wrong by being happy.
She calls and will tell him how much she misses him (which is fine) but when he doesn't start crying she asks him dont you care, dont you care you dont see me anymore and then my son starts with the tears. Son can see Mom she has Tues., Thurs. and 1st 2nd and 4th weekends she has missed 3 tuesday visits and 1 thursday visits and then he tells son I dont allow it. Which is also not true.I am all for son having her in his life for pete's sake shes his mother. I dont know what to do. The only thing I have thought of is possibly going back to court to add a something in our order about speaking badly about one another. I am hoping that if I send her a letter advising her that I will record any calls on any of the phones that I pay for that maybe she will be more aware that she is being listened to and will stop.
Any advise for this? Can I record his phone calls? I found this :
Aside from the statutory exceptions, there have been cases where a parent who has secretly taped the telephone conversations of his or her child with the other parent or other party and have been found not to be in violation of state or federal law. In those cases, the courts have determined that the child whose conversations were taped had provided vicarious consent to the recording through the parent who made the recording. In Pollock v. Pollock, 975 F. Supp. 974 (W.D. Ky. 1997), it was held that the mother who taped her child's telephone conversations with the father did not violate the federal wiretapping statute. The mother successfully argued that the taping of the phone calls was done with the children's consent, not actual consent, but vicarious consent. The mother, in fact, was consenting on behalf of her children. The mother was the primary physical custodian of the children at issue. The United States District Court reasoned that as long as the guardian (the mother in this case) had a good faith basis that is objectively reasonable for believing that it was necessary to consent on behalf of her children to the taping of the telephone conversations, vicarious consent is permitted in order for the guardian to fulfill a statutory mandate to act in the best interests of the children. Citing, Thompson v. Dulaney, 838 F.Supp. 1535 (Dist. Utah 1993).
In another case involving vicarious consent, the court recognized that a parent in a bitter custody dispute should be able to tape the conversations of the child with the other parent when such taping is made in good faith and in the best interests of the child. D'onofrio II v. D'onofrio, 2001 N.J. Super. LEXIS 365. In this New Jersey decision, the court found that such taping is not a violation of either state or federal wiretapping statutes. The court found compelling reasons to render its decision because the conversations were clearly taped in the best interest of the four children when the parent who was being taped used vulgar, obscene, profane and crude language, as well as, made comments that were denigrating and demeaning of the other parent. The recorded parent also discussed with her children the ongoing custody and divorce litigation which was not considered to be in the children's best interests.
The site I found it on is:
Michie Hamlett Lowry Rasmussen & Tweel PLLC | Articles
I am trying to do as much research as I can. Can someone help me? Thanks in advance and I am sorry this was so long but I wanted to include my research.
I was up until 4am looking up information to see if I could possibly record phone calls between my son and his mother. I have custody. His mother has been bad mouthing this yes I know this because I heard it my self. I didn't allow her an extra overnight and she flipped. She called son after I said no (on his cell) and told him that I didn't allow it because I was being an a**hole. I explained to son (8) reason for no overnight(we had plans). My son is in councling but is really having a hard time with everything. He is happy but knows Mom hates me and him being with me now and he feels like he is doing something wrong by being happy.
She calls and will tell him how much she misses him (which is fine) but when he doesn't start crying she asks him dont you care, dont you care you dont see me anymore and then my son starts with the tears. Son can see Mom she has Tues., Thurs. and 1st 2nd and 4th weekends she has missed 3 tuesday visits and 1 thursday visits and then he tells son I dont allow it. Which is also not true.I am all for son having her in his life for pete's sake shes his mother. I dont know what to do. The only thing I have thought of is possibly going back to court to add a something in our order about speaking badly about one another. I am hoping that if I send her a letter advising her that I will record any calls on any of the phones that I pay for that maybe she will be more aware that she is being listened to and will stop.
Any advise for this? Can I record his phone calls? I found this :
Aside from the statutory exceptions, there have been cases where a parent who has secretly taped the telephone conversations of his or her child with the other parent or other party and have been found not to be in violation of state or federal law. In those cases, the courts have determined that the child whose conversations were taped had provided vicarious consent to the recording through the parent who made the recording. In Pollock v. Pollock, 975 F. Supp. 974 (W.D. Ky. 1997), it was held that the mother who taped her child's telephone conversations with the father did not violate the federal wiretapping statute. The mother successfully argued that the taping of the phone calls was done with the children's consent, not actual consent, but vicarious consent. The mother, in fact, was consenting on behalf of her children. The mother was the primary physical custodian of the children at issue. The United States District Court reasoned that as long as the guardian (the mother in this case) had a good faith basis that is objectively reasonable for believing that it was necessary to consent on behalf of her children to the taping of the telephone conversations, vicarious consent is permitted in order for the guardian to fulfill a statutory mandate to act in the best interests of the children. Citing, Thompson v. Dulaney, 838 F.Supp. 1535 (Dist. Utah 1993).
In another case involving vicarious consent, the court recognized that a parent in a bitter custody dispute should be able to tape the conversations of the child with the other parent when such taping is made in good faith and in the best interests of the child. D'onofrio II v. D'onofrio, 2001 N.J. Super. LEXIS 365. In this New Jersey decision, the court found that such taping is not a violation of either state or federal wiretapping statutes. The court found compelling reasons to render its decision because the conversations were clearly taped in the best interest of the four children when the parent who was being taped used vulgar, obscene, profane and crude language, as well as, made comments that were denigrating and demeaning of the other parent. The recorded parent also discussed with her children the ongoing custody and divorce litigation which was not considered to be in the children's best interests.
The site I found it on is:
Michie Hamlett Lowry Rasmussen & Tweel PLLC | Articles
I am trying to do as much research as I can. Can someone help me? Thanks in advance and I am sorry this was so long but I wanted to include my research.
