Can my kids record our visitations without my consent

Asked about 1 year ago - Houston, TX

we are in the middle of a custody battle & I was told by someone that my ex & his family have the children recording our conversations & visitations

Attorney answers (4)

  1. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

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    Lawyers agree

    Answered . Yes, they can do this. Perhaps you should try doing the same thing?

  2. Brian Douglas Walters

    Pro

    Contributor Level 13

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    Lawyer agrees

    Answered . There is nothing illegal in Texas about someone recording a conversation they are having with another person. I don't know if there is some kind of order in your custody battle that would forbid this. I do think that that if your ex is encouraging this recording it could be a problem for them.

    You should ask your lawyer this question, since they will be in a better position to answer it.

    This information is not legal advice and does not form an attorney-client relationship.
  3. Robert Sterling Guest

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you are in a custody battle you should have a lawyer representing you. I would address this concern to your attorney. While it might not illegal, your judge may not appreciate a party encouraging the children to record conversation. Family law is a local practice in that each judge has discretion on how they rule in the best interests of the child. So before you encouraging any recording, talk to a local family lawyer.

    Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas and Rockwall, Texas. My use... more
  4. Fran Brochstein

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Talk to your attorney about this.

    Getting recordings admitted into evidence is difficult.

    If there is an amicus attorney involved in your case, the amicus could be listening to them.

    I assume that you are not saying anything inappropriate at your house - right?

    Remember, the entire conversation will come into evidence and not just one sentence. So you will need to be able to remember the entire conservation. So say "nice" things at your house!!

    Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-... more

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