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Can my kids record our visitations without my consent

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. 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.


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


  3. 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 of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney.


  4. 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-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.

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