phone recording?

[paul-6749]

What is the name of your state (only U.S. law)? TX

If im on the phone with my soon to be X wife and she tells me 8 min into a 15 min phone conversation that she is recording the call will that hold up in court?

 

[Proserpina]

What is the name of your state (only U.S. law)? TX

If im on the phone with my soon to be X wife and she tells me 8 min into a 15 min phone conversation that she is recording the call will that hold up in court?

What are you saying that you don't want to be heard in court?

 

[olhobbes]

I believe TX is a one party state, so as long as one party is aware of the tap ( recording ), and both ends of the call are in tx, it's legal. Note that I am not a lawyer, but I work IT and this is something I keep up on. That said, divorce/custody conditions may apply that I know nothing about.

In dealing with my ex, I simply got in the habit of assuming anything and everything I said would be recorded. That way there are no surprises. And you should probably examine what you are saying that you are worried it will be used in court.

 

[CJane]

I believe TX is a one party state, so as long as one party is aware of the tap ( recording ), and both ends of the call are in tx, it's legal. Note that I am not a lawyer, but I work IT and this is something I keep up on. That said, divorce/custody conditions may apply that I know nothing about.

I believe it varies depending on whether the calls are on landlines or cell phones also.

Also. There's a BIG HUGE difference between a legal recording - which this likely was - and admissibility. There's also a BIG HUGE difference between admissibility and a judge ACTUALLY caring about hearing a recording.

And you should probably examine what you are saying that you are worried it will be used in court.

This is good advice. When dealing with your ex - or other people in general - one should behave as if one will have to live with the consequences forever. Keeps you from doing stupid things and reacting out of emotion.

 

[paul-6749]

Dident say much but emotions are high right now so there were a few 4 letter words on both ends. I think all she got was that i dident trust her new boyfriend and ist ok if she takes him out to the park if she wants. i have temp custody right now.

 

[Proserpina]

Post hx.

 

[CJane]

Post hx.

Awesome.

File a restraining order against HER and then pray she doesn't record you being irrational and emotional on the phone.

Excellent plan.

 

[paul-6749]

sorry but whats post hx?

 

[paul-6749]

Also what she told me was there is a recording device on her cell phone but she was not shure if it was turned on.

 

[CJane]

Also what she told me was there is a recording device on her cell phone but she was not shure if it was turned on.

So in your first post, she told you she was recording.

But now, she only has the capability of recording, but has no idea if she actually IS.

Maybe you should just not talk to her at all unless it's specifically regarding the child. Your dislike of her new boyfriend, and whether or not that guy takes your kiddo to the park on Mom's time? None. Of. Your. Beeswax.