My ex husband and myself are having a custody war over my daughter. One night I mistakenly , from my pocket, called my ex during an argument between my boyfriend and I, My ex heard and recorded the conversation without consent. The argument had nothing to do with my daughter. Can he use this as leverage in court?
Criminal Defense Attorney
There is a Wikipedia article that discusses the issue and talks about the wiretapping laws of all the states. Go to http://en.wikipedia.org/wiki/Telephone_recording_laws. Since that is Wikipedia, you are better off checking with a Michigan attorney to be certain. You will also need to discuss whether the fact that you dialed the phone serves to give your ex-husband consent to hear and record the conversation. You should also discuss you’re your Michigan attorney whether the recorded call is relevant to the child custody issues. It is possible it is not relevant, and the court may rule that it can’t be used in court for your dispute.
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Your dialing can be argued to have invited your ex to the conversation. Any party to a communication can record it. It may or may not be relevant, where was the child?
See an attorney.
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