This is in regards to a custody case. The mother says she has me (the stepmother) on recording saying cuss words. We are currently trying to get full custody.
Personal Injury Lawyer
The safer path is to assume you are being recorded and be appropriate, proper, and within the law when you speak to anyone . The law with regard to the admissibility of telephone calls varies by state. I cannot speak to the illegality of these issues as I do not know the answer.
2 lawyers agree
Car / Auto Accident Lawyer
You might go to: http://www.rcfp.org/reporters-recording-guide/state-state-guide
I can NOT guarantee you the accuracy of what is contained therein. However, it should give you a good start.
The previous advice given to you was excellent. I would also suggest you speak with your attorney and tell him about this situation.
This information does not form an attorney-client relationship and is provided for general informational purposes only. You should seek the advice of an attorney to obtain the legal advice you needIf this information has been helpful, please indicate below. Mr. Ray is licensed to practice law in Oklahoma. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Ray strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
1 lawyer agrees
Consumer Protection Attorney
Yes, as long as both participants are in Oklahoma, you can record your own conversations without telling the other party. However, if one of the participants to the call was in another state, you would also have to consider that state's phone recording laws. The majority of the states allow their citizens to record their own conversations without telling the other party.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.