Can I use audio/video recording from a conversation in a custody/visitation case?

Asked over 3 years ago - New York, NY

My 7yr old child visits her father on a non-court ordered agreement. Lately she has pointed out to me that her father is never there and leaves her with her grandmother to go out and party. She comes home really sad and out of character. He admits to it when we argue. Can I record the conversations via telephone and in person without his consent and use it in court? I also have video cameras around my property that record all our conversations since we speak in person right in front of my house so I would like to use those as well.

Attorney answers (2)

  1. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . It is legal in New york to record conversations so long as one of the participants knows that a recording is being made.

    The video recordings might well strike a Judge as a bit heavyhanded and can, in that sense, boomerang.

    At any rate, my guess is that his admission on tape may be a tad perfunctory and thus may not even be expedient to use in court.

    Good luck to you.

  2. Jon Michael Probstein

    Contributor Level 12

    Answered . As always, do not construe posts as legal advice but as "attorney advertising" and you should always consult with a lawyer on any legal matter.

    It appears that you want to change your custody agreement because of a change in circumstances and that you are willing to take this issue to court. Consult with counsel before you take any actions which he might argue as "parental alienation".

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