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Can a phone call be recorded with out consent be used in court in the state of Michigan?

Warren, MI |

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?

Attorney Answers 2


  1. Best answer

    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.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.


  2. 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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