What can we do next??

[Sandwalk]

OK That sounds like a plan. I think that even thought the court may not allow it that it would be good to record her anyway just to let the lawyer hear and know what he is dealing with. Thank you!

And for you Silverplum. Just because you think that you know everything....not all of us do and that is why we are here-to ask for help, not to be put down and made to look like a fool.

 

[Silverplum]

(snip) And for you Silverplum. Just because you think that you know everything....not all of us do and that is why we are here-to ask for help, not to be put down and made to look like a fool.

Ouch, Sandwalk.

I was trying to HELP you by providing CORRECT legal information for you. You didn't bother to read it. Not my fault you're lazy.

Just because I didn't kiss your butt and tell you what you wanted to hear does not mean I'm the enemy. It's a pity you can't tell who has your best interests at heart.

 

[StpmomNchicago]

No silverplum

I think what sandwalk was trying to say is that if you read Jillian's posts, she is not wrong. She explained to you how she looked up the state laws for sandwalks state before she gave him definite advice. You just automatically thought that she was talking about all states which would in fact make her wrong. However, she posted her response correct to reflect Iowa laws. Perhaps you should have been a little gentle and emailed Jillian in private to see where she was coming from instead of just bashing her on the post.

 

[Silverplum]

I don't agree. But you are, of course, entitled to your opinion.

 

[stealth2]

Here's the thing. Consent does not mean simply being aware of the fact a call is being recorded. It actually does mean CONSENTING to it. So, if you are in a 2-party state (which Iowa is NOT), you actually need the other party's CONSENT (as in "yes, you may tape our conversation") for it to be legal. Simply telling them that you are doing so does not make it legal. In a 1-party state (such as Iowa), it is not necessary to inform the other party that you are taping. Informing or not will not make the recording admissible in court. In addition, in Iowa, you must be a party to the conversation to legally record it. So Stepmom could not tape Dad's call with Mom; it would have to be DAD taping it.

Iowa's code regarding taping of calls/conversations:

Iowa Code § 727.8: It is a misdemeanor in Iowa under general criminal laws to tap into a communication of any kind, including telephone conversations, unless the person listening or recording is a sender or recipient of the communication, or is openly present and participating in the conversation. Thus, one party to a communication generally may record it without the consent of the other parties.

Iowa also has more specific legislation regarding the interception of communications that expressly allows the interception of wire, oral or electronic communications through use of a mechanical device by a party to the communication, or with the consent of at least one party, in the absence of any criminal or tortious intent. Iowa Code § 808B.2.

Illegal interception and disclosure of intercepted information under this legislation are misdemeanors, and anyone whose communications have been intercepted is expressly provided with injunctive relief and damages at a rate of $100 a day or $1,000, whichever is higher. Iowa Code § 808B.8.

Now, quit the pissing contest already.

 

[StpmomNchicago]

In addition, in Iowa, you must be a party to the conversation to legally record it. So Stepmom could not tape Dad's call with Mom; it would have to be DAD taping it.

Yeah well obviously the step mom cannot record it. I am under the impression that she was asking the question for her husband. Any step perent should know that they have no leval rights to get involved in any custody situations.

 

[stealth2]

Yeah well obviously the step mom cannot record it. I am under the impression that she was asking the question for her husband. Any step perent should know that they have no leval rights to get involved in any custody situations.

You'd be surprised at what people don't find obvious.

 

[StpmomNchicago]

You'd be surprised at what people don't find obvious.

This is true. But I hope not in this case. The step mom interfering will just cause more problems

 

[cc423]

Just make sure your answering machine has a nice little outgoing message that may piss her off a little bit. Some cute little ditty about an upcoming cruise vacation, a new car or just the happy family routine.....after all, the tape usually doesnt record the outgoing message part. Whatever you do...make sure she can hear you smile, that always makes a mean person go nutz.

 

[Jillian483]

Just make sure your answering machine has a nice little outgoing message that may piss her off a little bit. Some cute little ditty about an upcoming cruise vacation, a new car or just the happy family routine.....after all, the tape usually doesnt record the outgoing message part. Whatever you do...make sure she can hear you smile, that always makes a mean person go nutz.

Ha Ha yeah we got something like that too.

 

[stealth2]

Just make sure your answering machine has a nice little outgoing message that may piss her off a little bit. Some cute little ditty about an upcoming cruise vacation, a new car or just the happy family routine.....after all, the tape usually doesnt record the outgoing message part. Whatever you do...make sure she can hear you smile, that always makes a mean person go nutz.

Yeah. Inflame the situation further. Brilliant idea.

 

[Sandwalk]

Thanks again for your info. Yes I am the stepmom and no I have no intention of recording anything!! I refuse to talk to that woman!! Believe me it is much better that way!! Although I am rather fond of the anwering machine message....although it takes alot less than that to piss her off!!
Thanks again...I do appreciate any info you all can give us!

 

[bradybunchmom]

she'll get over it

i guess its better to be pissed off then pissed on! im such a smartass! it comes from growing up in brooklyn.