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Telephone recording

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K

kcs00

Member
Case in Fl but live in Tn

Ok my question is fairly simple. I want to know is it legal for us to record our phone calls? We live in tennessee and tn is a 1 party state but Fl is a 2 party state, its reguarding a custody case. I know that if both parties were in the same state then that state laws apply but what if its two states with one being 1 party and the other 2 party?
 


Just Blue

Just Blue

Senior Member
kcs00 said:
Case in Fl but live in Tn

Ok my question is fairly simple. I want to know is it legal for us to record our phone calls? We live in tennessee and tn is a 1 party state but Fl is a 2 party state, its reguarding a custody case. I know that if both parties were in the same state then that state laws apply but what if its two states with one being 1 party and the other 2 party?
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You have to abide by the state with the more conservative law...in this case Florida...
 
C

ceara19

Senior Member
baystategirl said:
You have to abide by the state with the more conservative law...in this case Florida...
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Also, many states have a different set of rules regarding interstate calls.
 
S

snostar

Senior Member
baystategirl said:
You have to abide by the state with the more conservative law...in this case Florida...
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This is correct IF both phones are connected by land lines. Cell phone transmissions fall under FCC regulations and are considered "radio" transmissions. So, cellular converstaions do not fall under the normal telephone recording laws. Reception and recording is strictly prohibited.
 
Just Blue

Just Blue

Senior Member
snostar said:
This is correct IF both phones are connected by land lines. Cell phone transmissions fall under FCC regulations and are considered "radio" transmissions. So, cellular converstaions do not fall under the normal telephone recording laws. Reception and recording is strictly prohibited.
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I didn't know that..interesting...thanks for the education...:)
 
K

kcs00

Member
Ok heres the deal. My hubby is going for custody and ex keeps calling saying crazy things that he cant prove unless he records, i dont know if the actual tape will be allowed in court or what. Funny you said something about a cell phone, all she has is a cell phone, so if she calls our home(landline) from her cell then we can record, but if she calls from her parents(landline) we cant. Am I understanding this right??
 
stealth2

stealth2

Under the Radar Member
Who is "she"? And.... are the "crazy" things he's saying that he can only prove via recording actually true?
 
K

kcs00

Member
She is the ex-wife and the things that she is saying are things like "Im going to kill myself and them if you get custody", "If you want them then come and get them"," If you think that you are going to get custody I take them and run, youll never find them". Once my husband calls and gets someone closer to them to check on them she will lie and say that she didnt say anything like that. My husband said next time one of those calls comes, he is going to get his children, but he wants to be able to prove these things.
 
stealth2

stealth2

Under the Radar Member
Oh, I get it - I totally misunderstood your post. Sorry 'bout that!

If I were your husband, I would speak with an attorney and get a definitive answer on the recording - I suspect he can't record at all.
 
K

kcs00

Member
he has an attorney, but he didnt say anything about recording. My husband was thinking more of if he goes (700+miles) to pick them up and she decides to call the police, he wants something to cover his butt. She is very upset about the custody case and we think that she is trying to set my husband up. She would tell him to pick them up and then call the cops and lie and tell them that he kidnapped them. Thanks yall
 
K

kcs00

Member
No he didnt ask about recording but his attorney told him to have a witness on the phone next time that happens, so he can call into court. He never said anything about recording except that she couldnt record him and I assume that is vice versa. He just wanted to make sure his butt was covered if something like that happened, and then maybe it could "come up" in court.
 
stealth2

stealth2

Under the Radar Member
Yes, it would work both ways - she can't record him, he can't record her. The lawyer answered the question, then.

Basically, he told Dad that he should have someone else on the phone to corroborate what was said. I don't know why that's complicated to understand.
 
S

snostar

Senior Member
kcs00 said:
Funny you said something about a cell phone, all she has is a cell phone, so if she calls our home(landline) from her cell then we can record, but if she calls from her parents(landline) we cant. Am I understanding this right??
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No, re read my post. Follow your attorney's direction, but I would advise that the third party make their presence evident on the phone to avoid any eavesdropping technicalities. The witness can testify in court. Even if a recording is legal, it’s admissibility in a court is a completely different issue.
 
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