Recording Step Son's conversations with His Mom

[StepMomInGA]

What is the name of your state? GA

My husband and I have custody of my step son. Husband and the ex have Joint Legal with us having physical custody. We have some reasonable assumptions that the ex is bad mouthing us and telling the boy it is o.k. not to listen to us while they are talking on the phone. The ex is not really a part of the boy's life. She lives out of state and has seen the boy maybe 4 times this year. She calls probably once a month. When my step son comes back from seeing her, he is a totally different boy. Even his teacher has noticed it. My step son is going through counseling at school now to help him deal with the situation.

I know that it is o.k. to record phone conversations in GA as long as one of the parties know they are being recorded, but is it legal to record my step son's conversations with his mother just to see if she is really telling him not to listen to us and bad mouthing us? We don't want to invade my step son's privacy, but my husband and I think that Ex is really doing this.

If we go ahead with this (if it is legal) and she is doing what we think she is doing, could this work as evidence if we take her to court?

StepMomInGA

 

[stealth2]

This is (a) a really BAD idea, (b) probably not legally admissible in court and (c) going to royally piss the judge off - at Dad.

 

[StepMomInGA]

On the court order it states the neither parent can make deragatory statements to the child about the other parent.. If ex is doing what we think she is doing and we find that it is "legal" to do this.. I wonder if the judge would be still be pissed that dad recorded conversations or what mom is doing to the child.

 

[BelizeBreeze]

My husband and I have custody of my step son.

And that is FALSE. Your husband has custody of the child. You are a legal stranger.

I know that it is o.k. to record phone conversations in GA as long as one of the parties know they are being recorded,

And of course, you have no idea of what you speak. In SOME instances it is legal. NOT in all.

but is it legal to record my step son's conversations with his mother just to see if she is really telling him not to listen to us and bad mouthing us?

Not without informed consent, which you would have learned about if you had performed a search of this site as you were told to do on EVERY page at the top where the instructions are located.

We don't want to invade my step son's privacy, but my husband and I think that Ex is really doing this.

and invasion of privacy is the least of your worries.

If we go ahead with this (if it is legal) and she is doing what we think she is doing, could this work as evidence if we take her to court?

That is a question of fact for a judge to determine, NOT an internet forum.

 

[stealth2]

So...... which party knows they're being recorded, if your son as a minor cannot give consent? You telling Mom?

Even IF it is legal to record calls in GA, that does not mean that the recordings are legally admissible in court. And most judges take great exception when parents interfere with the kids' contact with the other parent - regardless of the circumstances.

But since you're obviously not interested in that information - how about Dad just ponies up some money and goes to consult a lawyer. Then none of us have to waste time here.

 

[StepMomInGA]

Thanks for all of you all's input, but there is no need for you all to be so rude.. I had a couple of questions and wanted some answers, that's it.

The mom says that she knows that we record her phone conversations, I wonder if that is enough?! It's on an email that she sent to us.

 

[SMURFEELAW]

Well in know AZ is a one party state but that the law does not consider a minor capable of having knowledge and it is against federal (look up federal wiretapping act) and state laws to tape a third party conversation. Couldn't you talk to the counselor and try to get the counselor to have your step-son open up about what mom says and then the counselor can document it. Or try a speaker phone, Even when the Court order states that it is hard to prove, although the Courts' try legislating morality is next to impossible. Good Luck

 

[worriedwith1]

Thanks for all of you all's input, but there is no need for you all to be so rude.. I had a couple of questions and wanted some answers, that's it.

The mom says that she knows that we record her phone conversations, I wonder if that is enough?! It's on an email that she sent to us.

sorry but people can be very rude in here or they just tell it how it is. They wont candy coat anything. Good luck

 

[BelizeBreeze]

Sure, go right ahead and record them.

And when you're in court and the judge asks her did she give a blanket permission she'll say "No, your honor, that e-mail was to inform them that I knew they were committing a federal crime. NOT to give permission."

and then the judge will throw out the tapes and call the FBI.

You're a real piece of work lady. Keep trying, maybe one day you'll be able to justify committing a crime for a child that is not even yours and over which you have NO LEGAL STANDING!.

Now do you get it?

 

[StepMomInGA]

Thanks to the posters that didn't rip me to shreds!

He's just started going to the counselor at school.. We're planning on speaking with them to see if they could get to the bottom of it..

BTW, a couple of you really need to get the sticks out of your bottoms!!

 

[mylilchulo]

From my experience the tapes will do nothing. The judge that my sister had actually told both parties to use a recorder at drops off because the child was so adiment about not going with her father and then he refused to hear them so you might as well save yourself the trouble.

 

[stealth2]

There is no "we".

 

[BelizeBreeze]

BTW, a coulpe of you really need to get the sticks out of your bottoms!!

That's what happens when someone who has NO LEGAL STANDING tries to put a child between two people who are supposed to be adults. I tend to take the stick out and beat the hell out of them with it.

NOT a pretty picture.

 

[SMURFEELAW]

That's what happens when someone who has NO LEGAL STANDING tries to put a child between two people who are supposed to be adults. I tend to take the stick out and beat the hell out of them with it.

NOT a pretty picture.

OUCH!!!!!!!!!!

to the OP please understand that the point to be made is not how much you love your step child or that you treat the child the same as you would your own but that legally you have no standing or custodial rights and a lot of people on this site have dealt with bitter, rude and overstepping step-parents who think they have more rights than the non custodial bio parent. I am a step-parent too but I respect the fact that I am not my step-daughters mother--> she has a mother good, bad or indifferent she has one and I will never be that person, it doesn't mean we aren't close or that I don't love her as my own but the fact is legally she is not mine and I don't have any rights.

 

[Whyte Noise]

Your husband could legally record calls between himself and the mother.

The mother could legally record phone calls between herself and the father.

The mother could legally record phone calls between herself and her child.

The child could not legally record phone calls between himself and the mother because a minor, under the law, can not give consent.

Neither you nor your husband could legally record phone calls between the child and his mother. Neither your husband nor you are a party to the conversation. (Listening in on an extension phone doesn't count, and is prosecutable under Georgia's Eavesdropping statute.)

And, as Stealth said... even a LEGAL recording may or may not be admissable in court, as it has to follow the Rules of Evidence.