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Kenosha, WI |

I live in wisconsin and I currently have joint custody of my 2 boys 9 years old and 6 years. old. The father has primary placement, however, I have evidence that he is abusing them mentally, possibly physically and major neglect. I only get to see them everyother weekend and on wednsdays so I was unaware of how serious things were at the fathers home until recently. I have been taking notes but they are being told by their father not to tell me things and if CPS goes there to question them, they will not tell them the truth. I had recorded conversations with them and I without them knowing I was doing it but it is definately evidence that they are being severlely neglected and in DANGER! CPS will be comming over soon, can I play these recordings to them? Is it legal being I am their mother

I found out we are "ONE PARTY CONSENT STATE" Also found this: One-Party Consent: While taping a conversation may be a useful tool, there are several laws governing when and if it is legal to do so. Federal law allows the taping of conversations as long as at least one of the parties involved in the conversation says it is permissible. In divorce proceedings, a taped conversation may give a judge insight into the real motives behind one party or the other. Is this ok that I did this then?

Attorney Answers 1

  1. You can tape anything you want. The question is how the recordings can be used and whether they are admissible in a court of law. If CPS wants to listen to them, they certainly can do that. If a Guardian ad Litem is eventually appointed in your case, they will usually listen to tape recordings as well. However, that doesn't mean you will be able to use them in court.

    If you are concerned about your children, CPS isn't the only way to go. You should consider filing a motion in family court to modify placement. Consult with an attorney regarding all of your options.

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